Summary: We will not investigate Ms X’s complaint about the Council’s decision to suspend her housing register application because there is insufficient evidence of fault to justify our involvement.

The complaint

1. Ms X complained the Council failed to properly consider the domestic abuse and financial hardship she was suffering when it decided to suspend her housing register application. She says it disregarded crime reference numbers and a supporting letter from her G.P. As a result, Ms X says she and her children are left in danger and the stress has affected her mental and physical health.

Back to top

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
• any injustice is not significant enough to justify our involvement, or

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

Back to top

How I considered this complaint

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

Back to top

My assessment

What happened

5. Ms X applied to join the Council’s housing register in September 2023. She complained there was an initial delay in processing this and contacting her, for which the Council has apologised.
6. The Council decided to suspend Ms X’s application because a social landlord and another council provided evidence that she had rent arrears in excess of £10,000 in relation to a previous tenancy.
7. Ms X complained that an officer was rude when they ended a call with her on 4 March 2024. In its complaint response, the Council said there was no evidence the call was ended without cause, but accepted this aggravated the situation for Ms X. It said it would arrange further training on handling difficult calls for the officer concerned.
8. The Council carried out an internal review. It decided to uphold the original decision to suspend the application. It sent an email informing her of its decision at 5 p.m. on 5 March 2024. It accepts it failed to set out her review rights.
9. The decision was later reviewed by an independent person in line with the allocations policy. Further, the Council considered Ms X’s complaint considered at all three stages of its process. It upheld the decision at each stage and explained its reasons for doing so. It acknowledged the domestic abuse she reported. It said it had referred Ms X to various sources of support and had offered emergency accommodation, which she had refused.

My assessment

10. The Council apologised for its initial delay in contacting Ms X about her housing register application. This was sufficient to remedy any injustice caused.
11. The Council did not accept the officer was wrong to end the call on 4 March but agreed to arrange additional training on handling difficult calls for the officer. This was appropriate action for the Council to take and there is insufficient injustice caused to Ms X to justify further investigation.
12. It was not fault for the Council to send its decision to uphold the suspension of her housing register application by email at 5 p.m. The Council accepts that decision did not set out Ms X’s review rights. However, she was aware she could ask for a review and a review was carried out so this did not case her an injustice.
13. We are not an appeal body. It is not our role to say whether the Council’s decision to suspend Ms X’s application was correct. Unless we find fault in the decision-making process, we cannot comment on the decision reached.
14. The Council explained its allocation policy said that where applicants had rent arrears amounting to more than eight weeks rent, the housing register application would be suspended. However, it went on to consider if there were reasons to make an exception in this case. It did not dispute Ms X’s report of domestic abuse. It considered whether this had led to the rent arrears and referred specifically to her GP’s support letter when considering this. It also considered other action Ms X could have taken to limit the arrears.
15. In summary, the Council considered all relevant factors and its allocations scheme; it explained the reasons for its decisions, and it made its decision at all stages of the process without delay. On this basis, there is insufficient evidence of fault in the decision-making process to justify further investigation.

Back to top

Final decision

16. We will not investigate Ms X’s complaint because there is insufficient evidence of fault to justify further investigation.

Back to top

Investigator's decision on behalf of the Ombudsman