Summary: We will not investigate this complaint that the Council decided Ms X did not qualify to join the housing register. Ms X had a right to ask for a review of the Council’s decision which she could have used. It is unlikely we would find fault if we investigated.

The complaint

1. Ms X complained that the Council:
1. decided she did not qualify to join the housing register;
2. failed to tell her about her right of review
3. told her it was too late to ask for a review when she asked for one.
2. Ms X says she needs to move to be nearer her family to access support.

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The Ombudsman’s role and powers

3. 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
• it would be reasonable for the person to ask for a council review or appeal.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X applied to join the Council’s housing register for social housing. She said she needed to move to be nearer family to access support with day to day tasks.
7. The Council wrote to Ms X in November 2024 with its decision. It said she did not qualify because she did not have any housing need. It said the location of her family was not far enough away for her to need to move to access support.
8. The Council’s decision explained how it considered Ms X’s evidence. It is unlikely we would find fault with how the Council made this decision.
9. The decision said Ms X could ask for a review within 21 days. Ms X did not ask for a review of the decision within 21 days. There is no reason she could not have done so. The Council told Ms X she could submit new evidence and it would consider it. It is open to her to do so.

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Final decision

10. We will not investigate Ms X’s complaint because Ms X could have used her right of review.

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Investigator's decision on behalf of the Ombudsman