Bolsover District Council (24 003 658)
Category : Housing > Allocations
Decision : Closed after initial enquiries
Decision date : 14 Jul 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the way the Council handled the complainant’s housing application. This is because there is insufficient evidence of fault causing injustice.
The complaint
- The complainant, Ms X, complains about the way the Council handled her housing application for the past four years. She says she always kept the Council updated about her circumstances and does not understand why the Council has removed her from the housing register.
The Ombudsman’s role and powers
- 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 an investigation if we decide:
- there is not enough evidence of fault to justify investigating, or
- any fault has not caused injustice to the person who complained.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Ms X and the Council. This includes the complaint correspondence and information about Ms X’s housing application. I also considered our Assessment Code.
My assessment
- Ms X complained to the Council about her housing application. This included a complaint that the Council did not record that her son had moved out and that a property was not offered. Ms X also complained that the Council has removed her from the housing register. Ms X wants to know why the Council will no longer let her bid for properties.
- The Council said it was not initially aware her son had left. It said this had not affected her as Ms X remained eligible to bid for two bedroom properties. The Council noted Ms X had been offered a property in March 2023 but did not accept it. The Council explained that another property had been offered but was withdrawn by the Housing Association due to works that were required; the Council explained that it administers the housing register but Housing Associations manage the allocation of their housing stock and decide whether to offer a tenancy. The Council reported that the Housing Association might still be able to offer the property if Ms X is living with son.
- The Council explained it introduced a new allocations policy in 2024. The new policy says people can only join the housing register if they have a housing need. Ms X currently lives in a two bedroom property with her partner; the Council decided she cannot remain on the register because she is adequately housed and has no housing need.
- I will not start an investigation because there is insufficient evidence of fault causing injustice. Ms X says she always kept the Council updated about her circumstances and the Council knew her son had moved out. I do not know what happened but even if the Council failed to update its records this did not cause an injustice because Ms X continued to be registered for two bedroom homes.
- The Council correctly explained that it administers the housing register but it was up to the Housing Association to decide whether to offer the property to Ms X.
- The Council also explained it had introduced a new allocations policy. The new policy says people can only join or remain on the register if they have a housing need. Ms X does not currently have a housing need so there is no suggestion of fault in the Council’s decision that she cannot remain on the register. Ms X might be able to join the housing register if her circumstances change; she would need to make a new application to the Council.
Final decision
- We will not investigate this complaint because there is insufficient evidence of fault causing injustice.
Investigator's decision on behalf of the Ombudsman