Summary: We will not investigate Mr X’s complaint that the Council removed him from its housing register without notice. This is because there is not enough evidence of fault to justify us investigating.

The complaint

1. Mr X complains the Council unlawfully removed him from its housing register in 2021 without notice, explanation or an opportunity to review the decision. He says the Council’s decision has caused him distress and he believes he has lost years of waiting time. He also says he is facing financial pressure and cannot afford his private rented accommodation.
2. Mr X wants the Council to reinstate his housing application from the original registration date or allow reapplication with backdated priority.

Back to top

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
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or

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

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Mr X accepted an offer of private rented accommodation in 2021. He believes the Council did not tell him that accepting this accommodation would result in the Council removing his long-standing housing application.
7. The evidence I have seen shows the Council sent Mr X a letter in June 2021 offering him private rented accommodation. The letter explained the Council would close his housing application if he accepted or refused the offer. It also explained his review right under the Housing Act 1996, section 202 if he considered the accommodation offered was unsuitable. In December 2021, the Council sent Mr X a further letter advising that it was ending its homelessness duty to him due to the offer of private rented accommodation. The letter also explained his section 202 review right if he disagreed with the Council’s decision to end its homelessness duty.
8. I recognise that Mr X says he did not receive the June letter. However, on the balance of the evidence I have seen, it is likely the Council sent this letter to Mr X. If he did not receive it, that was not the Council’s fault.
9. Mr X says the Council did not give him his right to review the closure of his housing application under the Housing Act 1996, section 166A(9). However, I do not consider this omission amounts to enough fault causing Mr X significant injustice. Mr X was on the housing register at that time because the Council owed him a homelessness duty. Once that duty ended, his housing register priority also ended. The Council’s letters had given Mr X his review rights regarding homelessness matters. If Mr X had asked for a review of either the suitability of the accommodation or the decision to end the homelessness duty, that review would also have covered his removal from the housing register. If the review had overturned the homelessness decision, the Council would have reinstated his housing register application. Mr X did not ask for a review. In these circumstances, it was open to the Council to close his housing application.

Back to top

Final decision

10. We will not investigate Mr X’s complaint because there is not enough evidence of fault.

Back to top

Investigator's decision on behalf of the Ombudsman