Summary: We will not investigate this complaint about the Council’s assessment of a housing application. It was reasonable for Mr X to ask for a review of the Council’s decision.

The complaint

1. Mr X complained about the Council’s decision to remove his application from the housing register because it says he no longer qualifies under its 2023 housing allocations policy. He says the Council made unreasonable demands for information or asked for documents he has previously provided.

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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, 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. I have also considered the Council’s housing allocations policy.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says his housing application was removed from the housing register following Council requirements that he provide evidence of his household income. He says he believes this to be discriminatory and that he was asked for documents which he had already previously provided.
6. The Council told him that under its latest housing allocations policy his application no longer met the qualifying criteria. From 2023 the Council wrote to applicants and published on its website new thresholds for household income for different sizes of accommodation. Mr X requires a 1-bedroom property and the threshold is £35,000. The Council carried out a verification check of his income which required details of his employment and bank statements. It apologised for asking for some documents he had previously provided but it also told him it needed up to date figures before any offer could be made.
7. The Council says Mr X shows income from 3 different employment sources and it exceeds the threshold. The Council advised Mr X of his right to challenge the decision by asking for a review which is under s.166A of the Housing Act 1996. He did not ask for a review but instead made a formal complaint which the Council would not accept due to the review option. He made a further complaint and was referred to us.
8. It was reasonable for Mr X to ask the Council to review its decision. He should still be eligible to do so and he can provide any additional information which he may have if it shows the decision was incorrect.

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Final decision

9. We will not investigate this complaint about the Council’s assessment of a housing application. It was reasonable for Mr X to ask for a review of the Council’s decision.

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Investigator's decision on behalf of the Ombudsman