Summary: We will not investigate this complaint about how the Council considered Mr X’s housing register application. There is not enough evidence of fault to justify an investigation of the complaint.

The complaint

1. Mr X complains about the Council’s decision that he no longer qualified for the housing register as he did not meet the local connection criteria. Mr X considers the Council’s decision is unfair as he lived in the Council’s area for several years and only temporarily moved out of the area. Mr X says that as a result he is unable to obtain social housing in the Council’s area which is causing distress to him.

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The Ombudsman’s role and powers

2. 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)
3. 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

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

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My assessment

6. Mr X was on the Council’s housing register. The Council told Mr X that he no longer qualified for the housing register as he did not have a minimum of two years continuous local connection to the Council’s area. This is because Mr X lived outside the Council’s area for some months.
7. Mr X requested a review of this decision. He considered he met the local connection criteria as he lived in the Council’s area for several years before temporarily leaving the area. Mr X said he moved outside the Council’s area for reasons outside his control.
8. The Council considered Mr X’s review request. It upheld its decision that Mr X did not meet the local connection criteria or the exceptions to the local connection criteria.
9. We are not an appeal body so we do not come to our own view on whether an applicant qualifies for the housing register. Our role is to consider if the Council followed the proper processes when making its decision.
10. We will not investigate Mr X’s complaint. The Council’s review decision letter shows it considered Mr X’s reasons why he considered he qualified for the housing register. It also shows the Council considered the evidence provided by Mr X and broadly explained why he did not meet the local connection criteria. The decision is also in line with the Council’s housing allocations policy. So, there is not enough evidence of fault in how the Council reached it decision to justify an investigation of Mr X’s complaint.

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Final decision

11. We will not investigate Mr X complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman