Summary: Mr B complained about the Council closing his housing applications. We find that the Council did not clearly explain which documents he needed to provide and then closed his applications as incomplete without specifying what additional evidence he needed to supply. This caused Mr B unnecessary frustration and inconvenience and delayed his ability to join the housing register. The Council has agreed to apologise, make a symbolic payment to Mr B, assess his application and, if he qualifies to join the register, backdate his registration and award date.

The complaint

1. Mr B complained that the Council closed his housing applications as incomplete, without telling him what information was missing. He says this delayed his ability to join the housing register.

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The Ombudsman’s role and powers

2. 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)
3. 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(1), as amended)

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How I considered this complaint

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

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What I found

Housing allocations

6. Every local housing authority must publish an allocation 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))
7. Every application made to a local housing authority for an allocation of housing accommodation shall (if made in accordance with the procedural requirements of the authority’s allocation scheme) be considered by the authority. In considering applications, authorities must ascertain:
• if an applicant is eligible for an allocation of accommodation, and
• if he or she qualifies for an allocation of accommodation. (Allocation of accommodation: guidance for local housing authorities in England, paragraph 3.2 and Housing Act 1996, section 166(3))
8. Applicants have the right to request a review of a decision that they are ineligible for an allocation, or that they are not a qualifying person. (Housing Act 1996, section 160ZA(9) and section 166A(9))
9. Paragraph 2.2.3 of the Council’s housing allocation scheme says:

“In addition to the application, the following documents (where available) must be submitted as evidence, via the Scheme website to verify the information provided by the main applicant, plus any other person who might reside with the applicant who might wish to become a joint tenant:

1. Passport, to help determine eligibility to rent social housing in England.
2. A utility or Council Tax bill from the past three months, to help determine eligibility to rent social housing in England.
3. Birth certificate, to help determine qualification to join the Scheme.
4. Details of any relevant unspent convictions, to help determine qualification to join the Scheme.
5. All financial records from the past three months relating to income and savings, to help determine qualification to join the Scheme.
6. All legal records relating to property ownership to help determine qualification to join the Scheme.
7. Any other information that helps to determine eligibility to rent social housing in England, qualification to join the Scheme or making a community contribution.”

Key events

10. Mr B lives in a House in Multiple Occupation (HMO). An HMO is a property rented to at least three people from more than one household who share facilities like a bathroom, kitchen, or toilet.
11. In September 2024, Mr B applied to join the Council’s housing register.
12. The application form outlined the required supporting documents, such as proof of identity, address, and financial records. Mr B did not submit any documents to support his application.
13. In October 2024, the Council wrote to Mr B to tell him that it had closed his application because it was incomplete. The letter explained that he needed to provide all the documents listed on the application form, and it advised him to reapply once he had done so.
14. Later that month, Mr B visited the Council’s offices and received help to complete a new application. He submitted several supporting documents.
15. In December 2024, the Council again decided that Mr B’s application was incomplete, stating he needed to provide a utility or council tax bill. The letter again advised him to reapply.
16. Mr B submitted a third application in February 2025. As he did not have a utility or council tax bill, he provided a copy of his licence agreement instead, along with other supporting documents.
17. In April 2025, the Council again closed Mr B’s application as incomplete. Its letter listed all the required supporting documents, highlighting the required financial records in bold type.
18. Each time the Council closed Mr B’s application, it told him that he had no right to request a review of the decision and referred him to our office.
19. Mr B believes he provided all the necessary documents. As he could not request a review of the Council’s decisions, he brought his complaint to our office.

Analysis

20. The Council accepts that, before June 2025, it did not adequately warn applicants that their housing application would be closed if they did not provide all the required documents. It also acknowledges that it did not provide clear information about the financial records it required, or what documents it would accept as proof of address when applicants were unable to supply a utility or council tax bill. For some time, the Council was not providing applicants with clear information about why their applications were considered incomplete, leaving them uncertain about what further evidence they needed to provide.
21. In June 2025, the Council changed its procedures. It no longer closes applications as incomplete when supporting documents are missing. Instead, it writes to applicants specifying which documents are outstanding and asks for them to be provided within ten days.
22. In Mr B’s case, the Council closed his first application because he had not submitted any supporting documents. Although it later assisted him to complete a second application, it did not ensure all the required documents were included. This was fault.
23. The Council closed Mr B’s second application because he had not supplied a utility or council tax bill as proof of his address. However, its records show it was aware that Mr B lived in an HMO and was therefore unlikely to be able to provide such evidence. The Council should have told Mr B what alternative documents he could provide as proof of his address. Instead, it wrote to Mr B repeating its request for a utility or council tax bill. This was fault.
24. Mr B submitted two bank statements with his second application, but he did not provide any evidence of his income. The Council failed to tell Mr B that he had not submitted the required financial records. Had it told Mr B that this information was missing, it is likely that Mr B would have provided the necessary documents with his next application.
25. If the Council had clearly informed Mr B of the documents he needed to supply, and provided adequate support with his second application, it is likely that the Council would have completed its assessment and decided whether he qualified to join the housing register by 24 December 2024.
26. The Council’s failings caused Mr B frustration and inconvenience and have left him uncertain about whether he would have qualified to join the register and whether he missed the opportunity to bid for housing.

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Action

27. The Council has agreed to take the following actions within four weeks of my final decision:
• Apologise to Mr B for the failings identified in this case. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The Council should consider this guidance when making the apology.
• Make a payment of £200 to Mr B. This is a symbolic payment to acknowledge the avoidable frustration and inconvenience caused by the Council’s actions.
• Assess Mr B’s application and backdate his registration and award date to 24 December 2024, if he qualifies to join the register.
28. The Council changed its procedures in June 2025. I therefore do not consider any service improvement recommendations are necessary.
29. The Council should provide us with evidence it has complied with the above actions.

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Decision

30. I have completed my investigation and uphold Mr B’s complaint. There was fault by the Council which caused injustice. The action the Council has agreed to take is sufficient to remedy that injustice.

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Investigator's decision on behalf of the Ombudsman