Summary: Mr X complained about the way the Council handled his housing register application. He said this had an impact on his mental health, and caused unnecessary uncertainty. We have discontinued our investigation into this complaint. This is because Mr X has a right to appeal a Council decision, which supersedes his complaint, and because we cannot achieve the outcomes Mr X wants.

The complaint

1. Mr X complained about the way the Council handled his housing register application. Specifically, he complained that the Council:
1. made a decision on his medical priority application using an old address, despite him telling the Council of his actual address;
2. delayed making a decision on his medical priority application;
3. delayed making a decision on his change of circumstances information;
4. wrongly cancelled his housing register application; and,
5. promised it would give him accommodation in 2022.
2. Mr X said this had an impact on his mental health, and caused unnecessary uncertainty.

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The Ombudsman’s role and powers

3. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

6. I considered the information and documents provided by Mr X and the Council. I spoke to Mr X about his complaint. Mr X and the Council had an opportunity to comment on an earlier draft of this statement.

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What I found

What happened

7. In 2023, Mr X applied to the Council for medical priority on the housing list, and told the Council his circumstances had changed. He also applied to be put on the housing register.
8. In early 2024, the Council decided that Mr X was not eligible for the housing register. The Council told Mr X he had a right to review this decision.
9. Mr X complained to the Ombudsman.

Findings

10. The Council’s decision that Mr X is not eligible for the housing register supersedes his complaint to the Ombudsman. As Mr X has the right to appeal that decision, it is not within our jurisdiction as I have set out above. I do not consider it unreasonable to expect Mr X to appeal this decision.
11. When making his complaint to the Ombudsman, Mr X said he wanted to achieve two outcomes: for the Council to put him back on the housing register; and, for the Council to offer him housing. We cannot achieve the primary outcomes Mr X wants. It is therefore not proportionate to investigate the secondary matters.
12. For these reasons, I have discontinued the investigation into this complaint.

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Final decision

13. I have discontinued my investigation because Mr X has a right to appeal which supersedes his complaint, and because we cannot achieve the outcomes Mr X wants.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman