Summary: We will not investigate this complaint about the Council’s decision that the complainant cannot join the housing register. This is because there is insufficient evidence of fault by the Council and insufficient evidence of injustice. In addition, there is no meaningful outcome that could be achieved by starting an investigation.

The complaint

1. The complainant, whom I refer to as Mr X, disagrees with the Council’s decision that he cannot join the housing register. Mr X wants the Council to accept his application and give him a flat.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we believe:

• it is unlikely we would find fault, or
• the injustice is not significant enough to justify our involvement, or
• there is no meaningful outcome that could be achieved.

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

Back to top

How I considered this complaint

3. I read the complaint and Mr X’s housing application. I considered the Council’s letters rejecting the application and found out that Mr X has moved and made another housing application. I invited Mr X to comment on a draft of this decision.

Back to top

What I found

Housing allocations policy

4. The Council manages the housing register by reference to the allocations policy. The policy says people can only join the housing register if they have a housing need as defined by the policy.

What happened

5. Mr X moved into a hostel in 2019. The hostel is managed by a Housing Association. Mr X had his own room but shared other facilities.
6. Mr X applied for housing in November 2019. In July 2020 the Council refused the application on the grounds that he does not have a housing need. Mr X challenged the decision. He said he has a right to a flat and said he was scared he would develop mental health problems. The Council invited Mr X to provide evidence of mental health needs. The Council says it did not receive any evidence from Mr X. The Council confirmed its decision that Mr X does not qualify for the housing register.
7. Mr X has left the hostel. He has submitted a new housing application which the Council says was incomplete.

Assessment

8. I will not start an investigation because there is insufficient evidence of fault by the Council. The policy says people can only join the housing register if they have a housing need as defined by the policy. I appreciate Mr X wanted to leave the hostel, and would prefer a flat, but this is not a housing need as stated in the policy.
9. It is unfortunate the Council took eight months to process the application. But, as Mr X did not qualify for the register, this has not caused an injustice which requires an investigation.
10. I also will not start an investigation because there is no worthwhile outcome I could achieve. This is because the complaint relates to the November 2019 housing application which relates to accommodation that Mr X no longer lives in. Mr X can contact the Council about his current housing application which the Council says was incomplete. I cannot comment on that application as it does not form part of this complaint. I also have no power to get Mr X housed.

Back to top

Final decision

11. I will not start an investigation because there is insufficient evidence of fault by the Council and insufficient evidence of injustice. There is also no meaningful outcome that could be achieved by starting an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman