Birmingham City Council (24 018 340)

Category : Housing > Allocations

Decision : Closed after initial enquiries

Decision date : 25 Feb 2025

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s assessment of a housing application. There is insufficient evidence of fault which would warrant an investigation.

The complaint

  1. Mr X complained about the Council’s assessment of his housing application. He says that he has always provided information requested by the Council ha snow told him it cannot process his application without further documents.

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The Ombudsman’s role and powers

  1. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

  1. I considered information provided by the complainant and the Council. I have also considered the Council’s housing allocations policy.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mr X says that the Council has failed to process his housing application form even though he has always provided the required evidence in the past. The Council’s housing allocations policy requires applicants to submit documents as evidence that they are eligible under the scheme. There is a list of the basic documents required in section 2 of the policy and it says that any other documents may be required to prove eligibility for social housing or qualification under the scheme.
  2. Mr X complained to the Council about its action and it told him that it would not process his application without the required verification. In December 2024 the outstanding information was evidence of payslips and bank account statement details. The Council says it will activate his application once it has received the documents required.
  3. We may not find fault with a council for failing to re-house someone, if it has prioritised applicants and allocated properties according to its published lettings scheme policy. Mr X is required to provide the information as part of the due diligence verification process in the housing allocations policy. Once he has done this and the application is assessed, he will have a right to challenge any decision on his application or priority by way of a review under the Housing Act 1996.

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Final decision

  1. We will not investigate this complaint about the Council’s assessment of a housing application. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman

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