Summary: We will not investigate Mr X’s complaint about the Council rejecting his application to join the housing register and about delays in the Council progressing his medical assessment to consider his need to live in the Council’s area. This because the Council agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused by the accepted fault.

The complaint

1. Mr X complains the Council rejected his application to join the housing register because he did not meet the local connection requirements and about delays in the Council progressing his medical assessment to consider his need to live in the Council’s area.

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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 or continue 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))
3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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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. Mr X applied to join the Council’s housing register in October 2023. The Council reviewed his application but rejected it on the basis Mr X did not meet the local connection criteria as he did not have five-year residency in the area.
7. The Council’s policy sets out that to be accepted onto the housing register, an applicant needs to evidence they have lived in the area for at least five years. Therefore, the Council’s decision was made in line with its policy and an investigation is not justified as we are not likely to find fault.
8. However, the Council has accepted there was delay in the handling of Mr X’s medical assessment. In October 2024, the Council said it would refer Mr X’s medical information for a medical assessment and provide an outcome within two weeks. If Mr X’s medical needs required him to live in the Council’s area, his application would be progressed. To date, the medical assessment has not been completed. I am satisfied this delay will have caused Mr X frustration and uncertainty.
9. We therefore asked the Council to complete the following to remedy the injustice caused by the accepted fault:
• Apologise to Mr X for the delay in completing the medical assessment and for the frustration and uncertainty caused.
• Pay Mr X a symbolic financial remedy of £100 to recognise the frustration and uncertainty caused.
• Complete the medical assessment and write to Mr X with its decision on whether he qualified to join the housing register based on his medical needs/circumstances. The Council should provide Mr X with clear reasons for its decision and details of any review rights available to him.

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Agreed action

10. The Council agreed to resolve the complaint and will complete the above within four weeks of the final decision.

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Final decision

11. We have upheld this complaint because the Council agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

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Investigator's decision on behalf of the Ombudsman