Summary: We will not investigate this complaint about the Council’s decision that Miss X is not eligible for the housing register. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Miss X complained about the Council’s decision to remove her application from the housing register and to decide that she is no longer eligible to apply for it because she is considered to be adequately housed.

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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)

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How I considered this complaint

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

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My assessment

5. Miss X approached the Council as homeless and ‘sofa-surfing’ with friends in October 2022. She was accepted under the Relief Duty and a Personal Housing Plan (PHP) provided in which she was advised how to prevent her becoming street homeless, which included seeking tenancies in the private sector. She was also accepted onto the Housing Register. In November she secured a private tenancy and moved in without informing the Council of the change in her circumstances which is a legal requirement.
6. In June 2023 Miss X was contacted by the Council with a possible offer based on the circumstances of her previous application. She informed the Council that she was now renting in another area but was interested in remaining eligible for offers. The Council subsequently cancelled her housing application because she was no longer eligible for offers and had to re-apply. When Miss X re-applied, she was told that she is considered to be adequately housed in accommodation suitable for her needs and is no longer eligible to be on the Housing Register.
7. Miss X appealed against the decision and provided medical information about her mental health needs. The Council rejected the appeal after consideration by its medical advisor because it believes her current accommodation sufficiently meets her needs.
8. Miss X says she did not intentionally fail to inform the Council of her change in circumstances but she signed the PHP and her application to the effect that she would do so and that it is an offence not to disclose such changes. If the Council had allocated a property to her incorrectly this could have caused disadvantage to others on the Housing Register with higher priority in greater need of rehousing.

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Final decision

9. We will not investigate this complaint about the Council’s decision that Miss X is not eligible for the housing register. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman