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, Mr X, says the Council will not rehouse him even though he provided medical evidence.

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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 Mr X and the Council. This includes correspondence about Mr X’s housing applications and the medical evidence. I also considered our Assessment Code.

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My assessment

4. Mr X lives alone in a ground floor flat. Mr X has made many housing applications. He submitted a medical letter which supports his wish to move; the letter says his health is affected because the property is noisy; there is a nearby takeaway.
5. The Council considered Mr X’s housing applications and medical evidence. It decided Mr X cannot join the housing register because he does not have a housing need. This is because Mr X is adequately housed.
6. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The policy says people can join the housing register if they have a housing need as defined by the policy. Medical priority, which can be a housing need, applies when the current accommodation has a significant impact on the health of the applicant. In this case the difficulty flows from noise outside the property so there is no suggestion of fault in the Council’s decision to reject the application.
7. In addition, while the Council takes medical evidence into consideration, it must do so in conjunction with the allocations policy; it is not required to re-house everyone who submits supporting medical evidence.
8. Mr X could report the noise to the Council’s noise team if he thinks it is excessive or unreasonable. The Could would then decide if it needs to act in relation to the reported noise.

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Final decision

9. 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