Summary: We will not investigate this complaint about the Council’s decision Ms X does not qualify to be on its housing register. This is because there is not enough evidence of fault to justify an investigation.

The complaint

1. Ms X complains the Council was insensitive in a telephone conversation, has been unhelpful and has removed her from its housing register. She says the Council has caused her stress which has impacted her health.
2. Ms X would like the Council to apologise, put her on its register and make a gesture in acknowledgement of the stress she has suffered.

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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 (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 the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X made a homelessness application to the Council and was accepted.
7. Following a review of Ms X’s circumstances, the Council made a decision she no longer qualifies to be on its housing register.
8. The Council has explained that this is on the basis she no longer meets the local connection criteria as Ms X moved away from the Council’s area two years before the decision.
9. The Council’s policy says anyone who applies to be on its housing register must have a local connection to the area and must have lived in the area for at least six months of the last year or three of the last five years.
10. The Council is able to set its criteria for applicants to qualify to join its housing register. The law allows each council to decide who is, or is not, a qualifying person. This means the council may exclude a person from the register for having no local connection.
11. The Council has responded to Ms X’s complaint that its officer was insensitive in a phone call, apologising if the call did not meet her expectations.
12. I have seen no evidence of fault in the Council’s decision making as it is in accordance with law and policy.

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Final decision

13. We will not investigate Ms X’s complaint because there is not enough evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman