Summary: We will not investigate this complaint about the Council’s decision that the complainant cannot join the housing register. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Ms X, disagrees with the Council’s decision that she cannot join the housing register. She also disagrees with the decision that there are no category one hazards in her home. Ms X wants compensation and to join the housing register.

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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 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 Ms X and the Council. This includes the complaint correspondence and information about the inspection. I also considered our Assessment Code.

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My assessment

4. Ms X lives in private rented accommodation. She says there is damp and mould in the property. Ms X applied to join the housing register due to the disrepair.
5. The Council inspected the property but did not find any category one hazards. People may be able to join the housing register if there is a confirmed category one hazard that cannot be rectified within six months. The Council rejected Ms X’s housing application because it did not find a category one hazard and she does not have any other housing need which would mean she qualifies for the housing register.
6. The Council identified some disrepair which it asked the landlord to fix. The Council is still taking action in relation to this issue.
7. Ms X maintains there is damp in the property which her children are exposed to. She does not accept the inspection findings.
8. I will not investigate this complaint because there is insufficient evidence of fault by the Council. I appreciate Ms X disagrees with the inspector’s findings but it is not my role to decide if those findings are right or wrong. The Council followed the correct process by assessing the housing application and inspecting the property. Based on those findings the Council decided Ms X does not qualify for the housing register and this was a decision it was entitled to make. The Council did, however, identify some problems and has liaised with the landlord to get them addressed.
9. The Council’s decision is consistent with the policy so there is no reason to start an investigation. The Council followed the correct process, which is the only thing I can consider, and it is not fault for a council to follow the findings of a housing inspector, however much Ms X may disagree.

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Final decision

10. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman