London Borough of Hackney (24 010 770)

Category : Housing > Allocations

Decision : Closed after initial enquiries

Decision date : 26 Nov 2024

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s handling of Mr X’s housing application. This is because there is insufficient evidence to suggest Mr X has been caused injustice as a result of fault by the Council.

The complaint

  1. Mr X complains about the Council’s handling of his housing application which dates from 2010. He says it is unfair his application has been made subject to the Council’s 2021 housing allocations policy when he has been waiting so long to be offered accommodation.

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The Ombudsman’s role and powers

  1. 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 or continue 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, or
  • any injustice is not significant enough to justify our involvement, or
  • we could not add to any previous investigation by the organisation, or
  • further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

  1. I considered information provided by the complainant, including the Council’s response to the complaint.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mr X complained to the Council about its handling of his housing application following its error in suspending his application in 2024. The suspension was lifted and the Council confirmed it would backdate his application band date from 2012 to 2010 despite his failure to request a review to challenge the band date in 2012. However, it explained his application, and those of all applicants, would be dealt with under its current lettings policy introduced in 2021 due to the increased demand for social housing and its very limited supply.
  2. There is no evidence to suggest fault by the Council has caused Mr X injustice. His housing application date has been backdated to 2010 but due to the high level of demand, and people with a higher priority, it will still be a number of years before Mr X is likely to be offered a property.
  3. This is very disappointing for Mr X but there is no evidence to suggest the Council is not properly following its allocations policy and there are no grounds on which to base an investigation.

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Final decision

  1. We will not investigate Mr X’s complaint because there is insufficient evidence to suggest Mr X has been caused injustice as a result of fault by the Council.

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Investigator's decision on behalf of the Ombudsman

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