Summary: Mr X complained about the Council’s handling of his housing register application. We found fault by the Council because it took too long to process his housing application and did not explain why it deactivated his application. The Council agreed to apologise to Mr X for the uncertainty caused to him by the delay. We did not find fault in any other part of its handling of Mr X’s housing register application.

The complaint

1. Mr X complained about the Council’s handling of his housing register application. He complained the Council reduced the number of points it awarded to his application but did not explain the reason for doing so.
2. Mr X states the Council’s actions have caused him stress, uncertainty and frustration. He also states it has prevented him from securing appropriate housing, which has negatively impacted his wellbeing.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
6. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

7. Every local housing authority must publish an allocations scheme that sets out how it prioritises applicants, and its procedures for allocating housing. All allocations must be made in strict accordance with the published scheme. (Housing Act 1996, section 166A(1) & (14)).
8. An allocations scheme must give reasonable preference to applicants in the following categories:

• homeless people;
• people in insanitary, overcrowded or unsatisfactory housing;
• people who need to move on medical or welfare grounds;
• people who need to move to avoid hardship to themselves or others;
  (Housing Act 1996, section 166A(3))

9. Councils must notify applicants in writing of the following decisions and give reasons:

• that the applicant is not eligible for an allocation;
• that the applicant is not a qualifying person;
• a decision not to award the applicant reasonable preference because of their unacceptable behaviour.

10. The Council must also notify the applicant of the right to request a review of these decisions. (Housing Act 1996, section 166A(9))
11. Housing applicants can ask the council to review a wide range of decisions about their applications, including decisions about their housing priority.

Localism Act

12. The Localism Act 2011 introduced new freedoms to allow councils to better manage their waiting list and to tailor their allocation priorities to meet local needs.
13. The Ombudsman may not find fault with a council’s assessment of a housing application or a housing applicant’s priority if it has carried this out in line with its published allocations scheme.

The Council’s Housing Allocations Scheme

14. The Allocations Scheme explains the Council operates a choice-based lettings scheme which enables housing applicants to bid for available properties which it advertises. The Council will offer a property to the applicant with the highest number of points (providing the property is not larger than their assessed need). Applicants will need to have at least 120 points to bid for available properties.
15. It also explains who can apply to the Council’s housing register. It says an applicant must be resident it its borough and have lived there continuously for the last five years (although some exceptions apply but these are not relevant to this complaint).
16. Applicants who have been resident in the borough for the last five years continuously are awarded 100 points.
17. Applicants who are living in overcrowded accommodation will be awarded 20 bedroom lacking points for each additional bedroom required by the household.
18. The scheme also explains it is the responsibility of all applicants to tell the Council about any changes in the accommodation or household circumstances. It says applicants may be asked for evidence supporting the changes in their circumstances. It explains applications may be deactivated while evidence is assessed by the Council. The Council will write to applicants notifying them of any changes in the number of points awarded to their housing application.

What happened

19. In May 2023 Mr X submitted a housing register application to the Council. His application said he was privately renting a bedsit and nobody else was moving with him. However he also added the details of three other adults on his application.
20. In April 2024 the Council changed its allocations scheme. It wrote to Mr X to tell him about the changes. It told him it had provisionally awarded his housing register application 140 points.
21. In July the Council suspended Mr X’s housing application because it noticed his housing application from said he was applying alone but also contained details of other people. It deactivated his application while it sought to clarify the inconsistencies on his application form.
22. The Council emailed Mr X to ask for him for information to support his application. It used the email address supplied on his application form. The email did not explain why the Council had deactivated his application.
23. Mr X learned about the reduction in points awarded to his application when he when went online to check his application.
24. On 26 July Mr X made a complaint about the Council’s decision. He complained the Council:

• did not tell him about its decision to reduce the points awarded to his application or that it had deactivated his application.
• did not consider that he lived in severely overcrowded accommodation, works in the borough and volunteers in the borough.

He asked the Council to review its decision on his application.

25. In August the Council replied to Mr X’s complaint. It said:

• its letter of March 2024 told Mr X the award of 140 was provisional and was subject to change based on Mr X’s circumstances.
• Mr X’s housing application has been deactivated as 100 points is not enough to bid for accommodation.
• Mr X should reply to the Council’s email of July requesting additional information. Applications will be deactivated while it assesses information provided by applicants.

It did not uphold Mr X’s complaint.

26. In October Mr X escalated his complaint to stage two of the Council’s complaints procedure. He said he was unhappy with the Council’s earlier response.
27. In November the Council replied. It said its decision to reduce the number of points awarded to his housing application was due to him providing incorrect information on his application form. It said it had not received a reply to its email of July asking Mr X to provide additional information. It said Mr X’s caseworker would contact him to ask why he has not replied to its email. The Council did not uphold his complaint.
28. Also in November Mr X’s caseworker called him to find out why he did not reply to its July request for additional information. The call identified that Mr X was using a different email address to the one supplied on his application form. The Council resent the email to Mr X’s new email address.
29. Mr X acknowledged receipt of his caseworker’s email but to date has not provided the information requested and so his application remains suspended.

Finding

30. Mr X made his housing application in May 2023. I have seen nothing to show Mr X was given a provisional points award by the Council until April 2024. The Ombudsman expects Councils to process a housing application or a change of circumstances within eight weeks. The Council took significantly longer to do so. This is fault which has caused Mr X uncertainty.
31. The Council told Mr X in April 2024 that it had provisionally awarded his housing application 140 points. However the Council noted inconsistencies in Mr X’s application form. To clarify matters it asked Mr X to complete a change of circumstances form. It deactivated Mr X’s application form while it waited for him to provide the information it asked for. The Council’s actions are in keeping with its allocations scheme. I do not find it at fault.
32. Mr X says he did not know about the Council deactivating his application until he looked online. However the Council did notify Mr X using the email address he put on his application. I understand Mr X’s email had changed and so he did not receive the email. It is for Mr X to update the Council if his contact details change. I do not find the Council at fault.
33. However the Council’s July email to Mr X failed to explain to him why it had deactivated his application and why it needed him to complete a change of circumstances form and provide other information. I consider the failure to explain this to Mr X caused him further uncertainty.
34. Mr X confirmed receipt of an email sent to his new email address in November. The email asked Mr X to provide information to support his application. Mr X has not provided this information and so his application remains deactivated. The Council cannot complete its reassessment of Mr X’s application until it has this information and so his application will remain deactivated until it has been provided. The Council’s actions are in keeping with its allocations scheme. I do not find fault by the Council.

Agreed Action

35. Within one month of my final decision the Council should write a letter of apology to Mr X for the fault identified in paragraph 30 and 33. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology I have recommended in my findings.
36. Within three months of my final decision the Council will:
• identify the reasons for the delay in telling Mr X about the provisional points awarded to his application. It should explain what action it will take to prevent a reoccurrence of the identified delay.
• send a memo to staff handling housing register applications reminding them that letters to housing applicants advising them their application has been deactivated should explain why.
37. The Council should provide us with evidence it has complied with the above actions.

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Decision

38. I find fault causing injustice. The Council has agreed to remedy the injustice.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman