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

The complaint

1. The complainant, Ms X, complains about the Council’s decision to remove her from the housing register. Ms X wants the Council to place her in the gold band on 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 Ms X’s review request, supporting evidence and the Council’s decision. I also considered our Assessment Code.

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My assessment

4. Ms X lives in a ground floor adapted flat. She is a Council tenant. Ms X applied to join the housing register. The Council approved the application and placed her in the silver band. This was mainly because Ms X had reported problems using the doors to enter and leave the building and, at that time, it was not clear if the problem could be resolved.
5. Ms X asked for a review because she thought she should be in the gold band. She provided supporting evidence and referred to issues such as harassment and mould. She said she would provide evidence of the mould and said the police supported her allegations about harassment.
6. The Council reviewed the application and considered all the evidence. The Council checked with the police who reported they had told Ms X she is not at risk and they were not taking any action. The Council considered Ms X’s mobility and said the door would be replaced with a lighter door. The Council told me Ms X did not provide any evidence of mould. The Council decided to remove Ms X from the register because she had not demonstrated she has a housing need.
7. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council considered all the evidence, and the allocations policy, but decided Ms X cannot remain on the housing register because there is no evidence she has a housing need as defined by the policy. I have not seen any fault in the way the Council reached this decision so there is no reason to start an investigation. We do not act as an appeal body and it is not my role to re-make the decision or tell the Council it must place Ms X on the housing register.
8. Ms X has referred to mould in the flat. I have not seen any evidence of mould but Ms X can report this to her housing officer. Disrepair, at least initially, is an issue that should be addressed by the landlord rather than through the housing register.

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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