Summary: We have found fault with the Council for how it handled Miss X’s request to join the housing register. This caused Miss X avoidable distress and denied her of her review rights. The Council has agreed to repeat the application process, apologise and pay Miss X £200 in recognition of the distress caused.

The complaint

1. Miss X complained about how the Council handled her application to join the housing register. She said her current accommodation is unsuitable due to its condition and distance from the hospital and son’s nursery.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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What I have and have not investigated

5. Miss X was placed in her current accommodation (in a different local authority area) by the Council in 2021/22 when it discharged its homelessness duty. This part of the complaint is late. Miss X could have asked the Council for a suitability review or complained to us sooner. Therefore, I am not disapplying the time barrier.
6. I have referred to this earlier period for context purposes only.
7. I have investigated from January 2024 when Miss X approached the Council to request to join the housing register and move back to the Council area.

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How I considered this complaint

8. I have considered Miss X’s complaint and have spoken to her about it.
9. I have also considered the Council’s allocation policy, its response to Miss X’s complaint and to my enquiries.
10. Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

The law and guidance

Council’s allocation policy

11. The policy sets out the eligibility and qualifying criteria that applicants must meet to join the register. This includes:
• Local connection (usually live in Council area and have done for at least 3 years)
• National Witness Mobility Scheme
• Accepted as homeless
• Being a carer to someone living in the borough
• Fleeing domestic abuse
• Being a student living and studying away from borough
• Various links to the armed forces and Ministry or Defence
12. The policy requires an applicant to demonstrate they have housing need. The criteria for this are:
• Overcrowding (requirement for 2 or more rooms)
• Social need (threat of violence)
• Medical need (current housing making condition worse)
• Homeless
• Unsanitary accommodation
• Transitional protection
13. The Council says that if an applicant disagrees with the Council’s decision on their application, they can ask for a review within one month of the date of the decision.
14. The law says Councils must notify applicants in writing of the following decisions and give reasons:
• that the applicant is not eligible for an allocation;
• that the applicant is not a qualifying person;
• a decision not to award the applicant reasonable preference because of their unacceptable behaviour.
15. The Council must also notify the applicant of the right to request a review of these decisions. (Housing Act 1996, section 166A(9))

What happened

Background

16. Miss X approached the Council in 2021. She said she was threatened with homelessness in early 2022. The Council accepted homelessness prevention duty and secured a property that Miss X moved into in early 2022. This was in a different local authority area. At the time of this decision, Miss X and her son were still living in this property.
17. During 2022, Miss X raised concerns with the Council about a recurring problem of rats in the property. The Council signposted Miss X to the local authority where the property is located.
18. Miss X signed a new 12-month contract for the property in June 2023.

Miss X approached the Council

19. In January 2024 Miss X complained to the Council. She said her current accommodation was unsuitable. She said it was too far from the hospital where she needs regular treatment and too far from her son’s nursey. She also complained about the condition of the property citing disrepair and a rat infestation.
20. In February, the Council spoke to Miss X. She said she wanted to join the housing register so she could move back to the Council area. She said her support network, the hospital and son’s nursery are located here.
21. The Council responded to Miss X’s complaint. It said that the Council resolved Miss X’s homelessness in 2022 and she no longer met the criteria for inclusion on the housing register. It explained the travel time to hospital was typical in a large urban area, and that she could relocate her son’s nursey place.
22. Miss X explained she needed family support with taking/collecting her son from nursey so could not relocate. She also said the travel time to hospital was too far given her painful condition.
23. In the Council’s final response, it concluded that due to Miss X’s income and the rental market in the area, it was not feasible for her to move back to the area. It also said she was ineligible to join the housing register.
24. Miss X brought her complaint to the Ombudsman.

Council decision on Miss X’s housing register application

25. In July 2024, the Council reached a decision on Miss X’s request to join the housing register.
26. The system rejected Miss X’s application because she is not lacking two or more rooms. The Council said it did not send Miss X a decision letter because the system automatically emailed Miss X with the decision.
27. In response to my enquiries, the Council explained that the system will only give one reason for non-qualification. However, Miss X did not meet the following criteria:
• Not lacking two rooms or more
• Miss X or household member not having a medical condition (Miss X did not select this on the application)
• Does not currently and consistently live in the Council area for 3 years or more.

My findings

28. Miss X approached the Council in early 2024. She wanted to move back to the area and asked to join the housing register.
29. The Council told Miss X that she was not eligible to join the register as the Council no longer owed her the main homelessness duty. The Council did not give Miss X the opportunity to formally apply to join the register. Therefore, the Council did not provide Miss X with a formal decision so she could request a statutory review of the decision.
30. I have seen an automatic decision issued by the Council’s system dated July 2024. This did not include details of how Miss X could request a review.
31. I have found fault with the Council for failing to make a timely formal decision notifying Miss X of her review rights. This caused Miss X distress and denied her of her review rights.
32. Miss X does not meet the eligibility criteria of currently and consistently living in the Council area for 3 years or more. Therefore, on balance, even if the Council had acted without fault, it is unlikely that the outcome of her request would be different. However, by making a proper decision with review rights, the Council will have fulfilled its duty and Miss X will know she has had her request dealt with properly.
33. The Council has agreed to provide Miss X with a fresh housing register application form for her to complete. The Council has agreed to reach a decision in line with the allocation scheme criteria and notify Miss X of that decision and her review rights.

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Agreed action

34. Within 4 weeks of my decision, the Council has agreed to:
1. Apologise to Miss X for how it handled her request to join the housing register.
2. Pay Miss X £200 for the distress caused by the fault.
3. Provide Miss X with a fresh housing register application form for her to complete. The Council will reach a decision in line with the allocation scheme criteria and notify Miss X of that decision and her review rights.
35. The Council should provide us with evidence it has complied with the above actions.

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Final decision

36. I have completed my investigation. I have found fault with the Council for how it handled Miss X’s request to join the housing register.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman