Summary: We will not investigate this complaint about an unsuccessful application to join the housing register. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mr X, disagrees with the Council’s decision that he cannot join the housing register. He wants the Council to allow him to join the housing register.

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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 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 Mr X. This includes the correspondence about the housing application and the disrepair. I also considered our Assessment Code.

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My assessment

4. The Council’s allocations policy says people can join the housing register if they have a housing need as defined by the policy. Disrepair can be a housing need if a qualified officer decides a property has category one hazards that cannot be repaired. Priority may also be given if there are significant category two hazards that cannot be rectified. The assessing officer must tell the housing register team when there are hazards that cannot be resolved, and the housing team will then decide if the Council should award priority.
5. Mr X applied to join the housing register. The Council rejected the application because it decided he is adequately housed. But, as Mr X had reported disrepair, the housing team passed the case to the private sector team.
6. An officer from the private sector team assessed the property and found some category two hazards. These including hazards of damp and mould. The officer served a notice on the landlord requiring them to do repairs.
7. The officer inspected the property again and reported back to the housing team that the landlord had completed the required repairs and the work was almost complete. The officer also said that, despite the work, the property still suffered from condensation. The officer supported Mr X’s request to join the housing register.
8. The Council confirmed its decision that Mr X cannot join the register. It noted the officer said she supported the application, but also noted that the landlord had completed the repairs and there were no reported on-going category one hazards.
9. I will not start an investigation because there is insufficient evidence of fault by the Council. The policy says the Council may award priority, and admit someone to the housing register, if the property has a category one hazard, or significant category two hazards, that cannot be fixed. The private sector officer found some category two hazards but these have been fixed. The officer referred to continuing issues with condensation, but she did not report there were on-going category one or two hazards. On this basis, the Council’s decision reflects the policy so there is no reason to start an investigation.

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Final decision

10. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman