Summary: We will not investigate Miss X’s complaint about her housing application. Miss X has right of review if she disagrees with the Council’s decisions and it is reasonable for her to exercise that right.

The complaint

1. Miss X says the Council has not recognised her local connection as part of her housing application.
2. She says the Council should recognise her local connection and place her on the housing register to prevent her from becoming homeless again.

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The Ombudsman’s role and powers

• 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
• it would be reasonable for the person to ask for a council review or appeal

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. Miss X submitted a homeless application in 2024. The Council carried out an assessment using all the information available to it at the time. It considered Miss X homeless and accepted relief duty under the Housing Act 1996.
6. Miss X withdrew her homeless application. The Council wrote to Miss X in October 2024 and advised that it no longer owed relief duty. The Council advised Miss X of her right to ask for a review of the decision under s.202 of the Housing Act 1996.

7. Miss X made an application to the Councils housing register. The Council says this was rejected because the pre application system identified Miss X as a non-qualifying. It said she would not have been able to apply. It said the system automatically advises an applicant of their right to review. It says Miss X has made a new application in February 2025 with a decision due by the end of March 2025. That decision will carry a fresh right of review.
8. Applicants who wish to challenge a council’s assessment of their housing application can do so by asking for a review of the decision under s.166A of the Housing Act 1996. It is reasonable for Miss X to ask for a review if she disagrees with the Council’s decision.

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Final decision

9. We will not investigate Miss X’s complaint because she has a right to review and it would be reasonable to exercise that right.

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Investigator's decision on behalf of the Ombudsman