Summary: We will not investigate this complaint about the Council’s assessment of a housing application. It is reasonable for Mr X to ask the Council to carry out a review of its decision that he is not eligible to be on the housing register.

The complaint

1. Mr X complained about the Council’s decision that he is ineligible to be added to the housing register. He says he first applied in 2023 and was told he did not meet the residency criteria. In 2024 he says he was told he met the criteria but is still ineligible for the list.

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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 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

3. I considered the information provided by the complainant and the Council’s response. I have also considered the Council’s housing allocations policy.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says he applied to the Council’s housing register in 2023 but was rejected. The Council told him he did not meet the residency criteria of living in the borough for 5 of the past 7 years. In 2024 he asked for a review of the decision and he was told that although he now met the residency criteria, he did not qualify due the having insufficient housing need.
6. Mr X says he has a medical condition and needs to be rehoused. He provided supporting documents but he believes the Council has ignored this evidence. Mr X made a complaint through the Council’s complaints procedure but it told him that he needed to ask for a review of his housing application.
7. Anyone who wishes to challenge a decision about their housing application can do so at any time under s.166A of the housing Act 1996 Part 6. It is reasonable for Mr X to ask for a review about his ineligibility due to insufficient housing need using this procedure.

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Final decision

8. We will not investigate this complaint about the Council’s assessment of a housing application. It is reasonable for Mr X to ask the Council to carry out a review of its decision that he is not eligible to be on the housing register.

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Investigator's decision on behalf of the Ombudsman