Summary: We will not investigate this complaint about the Council’s assessment of Miss X’s housing application. This is because there is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Miss X complained about the Council’s refusal to accept her application to the housing register. She says that although her current housing needs have not changed since 2017, she is concerned that her private landlord is preparing to sell the property which she rents I the future. She wats the Council to allow her application to the register to prevent her having to make a homeless application later.

Back to top

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 cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
3. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

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

Back to top

How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Miss X applied to the Council’s housing register in 2017. Her application was rejected because her housing circumstances meant that she did not qualify because she was considered to be adequately housed for her needs.
7. In 2021 she applied again because she says her private landlord is likely to sell her rented home in the future for financial reasons. She says she should be allowed to go on the housing register so that she can avoid having to present herself as homeless in the future.
8. The Council told Miss X that her current housing needs are the same as they were in 2017 when it rejected her application and declined a review of the decision. It advised her to contact its homeless service if she becomes threatened with homelessness or homeless but at present she is still adequately housed and her landlord has taken no formal action.
9. We will not uphold a complaint if the council has followed proper procedures, relevant legislation and guidance and taken account of all the information provided, even if the applicant believes that the council should have given more priority to the application to move. It may be the case that, although they need to move urgently, there are other applicants who have an even greater need.

Back to top

Final decision

10. We will not investigate this complaint about the Council’s assessment of Miss X’s housing application. This is because there is insufficient evidence of fault which would warrant an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman