Summary: We will not investigate this complaint about the Council’s refusal of Mr X’s application to join its housing register. There is not enough evidence of fault in how the Council assessed Mr X’s application to justify an investigation. We cannot question a decision taken without fault.

The complaint

1. Mr X complains about the Council’s decision to refuse his application to join its housing register. He says the Council failed to consider all the information. He wants the Council to review its decision.

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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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. Mr X applied to join the Council’s housing register in October 2023. The Council rejected the application as he had not lived in the area for six years. It told him the qualifying criteria was set out in its housing allocations policy and applicants needed to have a local connection by living in the area for six years or more. If applicants did not have a local connection, they needed a special reason such as homelessness or specialist health needs that could only be met in the area.
6. Mr X appealed the decision. He said the policy was not in place when he first moved to the area and the Council had failed to consider his medical and financial situation and his risk of being homeless.
7. The Council rejected the appeal. It reiterated Mr X needed to have lived in the area for six years or more. It explained how it had considered Mr X’s health needs but determined this was not caused by his living situation. It had also decided Mr X was not at risk of homelessness as he had not been served a notice to quit his property. It said it would only consider Mr X’s finances if he had a local connection and was eligible for the register.
8. We will not investigate this complaint. We cannot question a decision because someone disagrees with it. There must be evidence of fault in how the Council made the decision. In this case, there is not enough evidence of fault by the Council to justify an investigation. We cannot question a decision taken without fault.
9. The records show the Council considered Mr X’s application against its allocations policy and decided he did not meet the criteria. The Council was entitled to make this decision and there is not enough evidence of fault in the way it made the decision to justify an investigation.

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Final decision

10. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman