Summary: We will not investigate Miss X’s complaint about housing register eligibility. There is insufficient evidence of fault to justify investigating.

The complaint

1. Miss X complains the Council decided she does not meet the eligibility criteria to join its housing register while she was fleeing domestic abuse.

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The Ombudsman’s role and powers

2. 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. (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 applied to the Council’s housing register. She told them she was fleeing domestic abuse and lives just outside the Council’s boundaries.
6. The Council decided Miss X was not eligible to join its housing register because she did not have a sufficient local connection.
7. Miss X appealed the decision. On review the Council decided Miss X still did not meet the eligibility criteria because she had not lived in the area for the last five years. However, the Council did decide Miss X had an exceptional need to move. The Council awarded Miss X and an exceptional need priority banding.
8. Miss X complains the Council has not allowed her to complete a medical assessment and will not increase her banding.
9. The Council have explained Miss X is on the highest banding available to someone who does not meet the eligibility criteria. The Council have demonstrated they considered exercising discretion while making this decision but decided not to because Miss X had been accepted onto the housing register in the area she lives.
10. The Council must offer housing in line with its policy. There is not enough evidence of fault in the Council’s application of their policy to justify investigating.
11. Miss X also complains of poor complaint management.
12. We will also not investigate how the Council dealt with Miss X’s complaint as it is not a good use of public resources to investigate complaints about complaint handling when we are not looking at the substantive issue.

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Final decision

13. We will not investigate Miss X’s complaint. There is insufficient evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman