Summary: We will not investigate the Council’s decision to refuse access to the housing register. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Summary: Miss Y complained that the council keeps denying her application for its Housing Register. She believes the Council are lying and refusing to house her because family members are living with her.
   
   Miss Y re-applied for the housing register in April 2025. The Council denied her request and closed her application in May. Based on their policies she does not qualify for their register due to several unsatisfactory tenancy reports due to the condition of the property.

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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, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

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

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How I considered this complaint

3. I considered information provided by the Complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss Y submitted a housing application in April 2025, which was closed in early May. The Council did not believe she qualifies for its register under its letting policy because of an unsatisfactory tenancy report, received in February, which stated the property was damaged and had not been kept in good condition. As part of their investigations, the Council strongly recommended Miss Y repair the broken windows, remove rubbish from inside the property and clear the garden. By improving the property based on this report, she may be considered for future applications. They also told her that the current condition meant she would not qualify to join the housing register.
6. The Council requested a second tenancy report in May which confirmed that the property was not in good condition and physical damage was still present. The council decided this was unacceptable behaviour and a breach of Miss Y’s tenancy.
7. Miss Y appealed this decision. The Council investigated the matter and arranged a follow up visit in July to review the property and found the condition unsuitable. Following the stage 1 appeal request, they carried out a further inspection in early August and reconfirmed the unsuitable condition of the property. Therefore they were unable to overturn their decision to refuse her access to the housing register and the application remained closed. The Council noted that their appeal response was late because of Miss Y's availability for a further home inspection.
8. Miss Y appealed again in August alleging the Council was refusing to house her owing to family living with her. No further information was provided to support this claim or evidence that the property had improved. The Council responded to her stage 2 appeal in late August, upholding their decision in disqualifying her from the housing register. Their policy allows them to disqualifiy someone if they have unsatisfactory tenancy reports which would make them an unacceptable future tenant.
9. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether someone disagrees with the decision the organisation made.

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Final decision

We will not investigate the Council’s decision to refuse access to the housing register. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman