Summary: We will not investigate this complaint about the Council’s assessment of a housing application. We will not investigate this complaint because it is reasonable for Mr X to request a statutory review of his housing application.

The complaint

1. Mr X complained about the Council only accepting his application as valid from September 2023 when he says he applied for housing in April. He wants the Council to backdate his application not the date when he applied, not to when it verified that he was rough sleeping in his van.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide it would be reasonable for the person to ask for a council review or appeal.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered the information provided by the complainant and the Council’s response.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X applied to the Council in April 2023 because he was living in his van and had no settled accommodation. He subsequently applied as homeless with the aid of a local resource centre but his case was closed after he was unable to provide information about where he could be contacted to verify his status.
6. In November 2023 he approached the Council again and it finally accepted that he was a rough sleeper in December. However, Mr X says his a housing banding has only been applied from September and he challenged this with the Council which considered his complaint through its complaints procedure. The complaint was not upheld but Mr X retains a right to have his challenge to the housing decision considered as a review under s.166A of the Housing Act 1996.
7. We would expect someone to use their right of review before we could consider a complaint about a housing decision.

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Final decision

8. We will not investigate this complaint about the Council’s assessment of a housing application. We will not investigate this complaint because it is reasonable for Mr X to request a statutory review of his housing application.

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Investigator's decision on behalf of the Ombudsman