Birmingham City Council (25 024 335)
Category : Housing > Allocations
Decision : Closed after initial enquiries
Decision date : 02 Sep 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision that Mr X is not eligible to join its housing register. This is because there is not enough evidence of fault to warrant an investigation.
The complaint
- Mr X complains the Council has wrongly refused his housing application. He says the Council has relied on assumptions and failed to consider the facts of his case properly.
- Mr X is seeking a reconsideration of his application.
The Ombudsman’s role and powers
- 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))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X applied to join the Council’s housing register. The Council has rejected the application on the basis he has a legal interest in a property.
- Mr X complained the Council’s decision is unfair as he cannot live in the property as there is a non-molestation order preventing him from returning to it.
- The Council has explained that its allocations policy sets out criteria for the specific circumstances in which an applicant will be accepted even if they have a legal interest in a property.
- Mr X has not provided evidence that he meets the Council’s criteria.
- Although Mr X is unhappy with comments made by the Council, the decision that he is not eligible for allocations is in accordance with the Council’s policy.
Final decision
- We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman