Stevenage Borough Council (24 015 227)
The Ombudsman's final decision:
Summary: Ms D complained the Council had failed to assess her housing application in line with procedures. Based on current evidence we have decided to end the investigation because we cannot add to the remedy already provided by the Council which included an undertaking to reassess Ms D’s application and an offer of £750 redress for time and trouble and distress.
The complaint
- The complainant (whom I refer to as Ms D) says the Council failed to assess her application to join the Housing Register in line with procedures.
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 continue an investigation if we decide:
- 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))
What I have considered
- I have looked at what happened from when Ms D applied to the Council’s Housing Register in December 2023 through to when the Council issued its complaint response in December 2024. I cannot investigate events that happened after that date because Ms D would first need to formally complain about any recent issues to the Council and then come to the Ombudsman.
How I considered this complaint
- I considered evidence provided by Ms D and the Council as well as relevant law, policy and guidance.
- I shared my draft decision with both parties.
What I found
What happened
- Ms D applied to join the Council’s Housing Register in December 2023. In February 2024 the Council said she was not eligible to join because she was a homeowner and did not have a local connection. Ms D subsequently challenged the Council’s decision and set out why she considered she had welfare, medical and exceptional circumstances that would allow the Council to exercise discretion. Her case was considered by a Housing Panel and a Senior Officer who both upheld the original decision.
- The Council considered Ms D’s complaint and wrote to her in December. It accepted that previously the Council had focussed on her lack of local connection and home ownership. It said it had failed to consider wider issues and upheld the complaint that an assessment had not been made in line with procedures. It also accepted there had been a delay in picking up and responding to the formal complaint. It said a new policy was now in place and the Council would pay her £750 for distress and time and trouble. It would also carry out a new assessment of her application in line with procedures. I understand the redress was implemented in 2025.
Reasons for my decision
- I have decided to discontinue (end) my investigation. That is because the Council’s complaint response provides a reasonable and proportionate outcome to Ms D’s case. Having considered all the information, I consider it unlikely further investigation by the Ombudsman would achieve a significantly different result for Ms D.
- If Ms D believes there is fault in how the reassessment of her application has been conducted in 2025, she would need to make a new complaint about this to the Council before coming to the Ombudsman.
Decision
- I have decided to end the investigation.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman