Summary: We will not investigate this complaint about the closure of a housing application because there is not enough evidence of fault to justify investigating.

The complaint

1. Mr X complained the Council incorrectly removed him from the housing register when his wife has serious health conditions. He said his family are living in cramped accommodation which has a negative impact on their physical and mental health. He wanted the Council to allow him to re-apply for the housing register and allow him to bid on properties.

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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. (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 Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained the Council incorrectly removed him and his family from the housing register in May 2025. Mr X requested a review of this decision.
6. The Council wrote to Mr X in December 2023 to advise it had accepted the main housing duty. The letter stated this duty would end if Mr X accepted an assured tenancy from a private landlord.
7. In its review response, the Council said Mr X had accepted an offer of private rented sector accommodation in March 2025 and was therefore considered to be adequately housed and did not qualify to remain on the Council’s housing register. The Council advised Mr X he could reapply to the housing register if his circumstances changed.
8. The Council’s housing allocations scheme states that applicants will not be awarded priority on the housing register when they have accepted an offer of private rented accommodation under a Prevention, Relief or Full housing duty.
9. In response to enquiries, the Council provided evidence they had considered information submitted by Mr X about the medical needs of a family member. The Council advised Mr X in April 2025 they did not have enough information to make a decision on whether to award medical priority and provided him with a medical assessment and questionnaire to complete.
10. I understand Mr X is disappointed with the council’s decision. We are not an appeals body and we cannot overturn the Council’s decision. We look at how the Council made its decision and whether there was any flaw in that decision-making. If there was no fault in the Council’s decision-making, we cannot question it.
11. We will not investigate this complaint because there is not enough evidence of fault to justify investigating. The Council considered information provided by Mr X and its housing allocations scheme. It explained why Mr X no longer met the requirements for priority on the housing register.

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Final decision

12. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman