Summary: We will not investigate this complaint about the Council’s decisions that he does not qualify to join its housing register. Part of the complaint is late without good enough reason to investigate it now. On the part that is not late, there is not enough evidence of fault justifying investigating.

The complaint

1. Mr X complains about the Council’s rejection of his housing applications. Mr X says the Council’s decisions have left him in unsuitable accommodation which is negatively affecting his mental health.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council/care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. 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))

Back to top

How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I also considered the Ombudsman’s Assessment Code and relevant law and policy.

Back to top

My assessment

7. In September 2023, Mr X applied to join the housing register. The Council decided Mr X was not eligible to join its housing register because he had not demonstrated a housing need and was adequately housed. The Council upheld this decision on review in November 2023. Mr X’s complaint about this is late because he knew about the matter in 2023 but did not complain to us until June 2025. So the restriction in paragraph 2 applies to this part of the complaint. I have not seen good reason why Mr X should not reasonably have complained to us within 12 months of knowing about this matter. So, I shall not investigate the refusal of the 2023 application.
8. In October 2024, Mr X made a further application to join the housing register. He said his property was unsuitable because:
• it is within supported housing where noise pollution from his neighbours negatively impacts his mental health and disturb his child’s sleep;
• he needs an extra bedroom as he cannot share a bed with his partner/carer due to his medical needs; and
• the property also worsens other medical conditions he has.
9. The Council rejected this application, saying Mr X had not demonstrated a housing need and was adequately housed. Mr X disagrees with the Council’s decision.
10. It is for the Council to decide who can be on its housing register. The Council’s policy says applicants who have no assessed housing need and are currently ‘adequately housed’ do not qualify to join its housing register. ‘Adequately housed’ is defined as applicants who are already housed in accommodation that meets their needs in terms of size, property type, property condition, location and affordability.
11. The evidence I have seen shows that in assessing Mr X’s second application, the Council considered the evidence Mr X provided, got advice from an occupational therapist and considered its policy. The Council decided Mr X did not meet the threshold for joining its housing register and gave reasons for this in line with its policy.
12. I am satisfied the Council followed correct processes and made a decision it was entitled to. Where a Council has reached a decision properly we cannot question the outcome, as paragraph 3 explained.

Back to top

Final decision

13. We will not investigate Mr X’s complaint about the Council’s decision to exclude him from its housing register. Part of the complaint is late without good enough reason to investigate it now. There is not enough evidence of fault in how the council made the more recent housing decision.

Back to top

Investigator's decision on behalf of the Ombudsman