Summary: We will not investigate this complaint about the complainant’s application to join the housing register. This is because there is insufficient evidence of fault by the Council. We will not investigate the complaint about a homelessness application because the complainant could have used his appeal rights.

The complaint

1. The complainant, Mr X, complains about an unsuccessful homelessness application and that the Council decided he cannot 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))
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I considered information provided by Mr X and the Council. This includes the complaint correspondence and housing decisions. I also considered our Assessment Code.

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My assessment

5. Mr X was being supported by the Home Office as an asylum seeker. He was accommodated in a different council area.
6. Mr X was asked to leave the accommodation after his claim was accepted. Mr X initially approached the local council for help with housing and then moved to Lincoln.
7. Mr X made a homelessness application. The Council rejected the application because it decided he was not in priority need.
8. Mr X applied to join the housing register. The Council rejected the application because it decided he has no local connection.
9. I will not investigate the homelessness decision because Mr X could have appealed to the court. It is reasonable to expect him to appeal because the court is the appropriate body to consider homelessness appeals.
10. I will not investigate the decision about the housing application because there is insufficient evidence of fault by the Council. The allocations policy says people must have a local connection to join the housing register. A successful asylum seeker will be treated as having a local connection if they apply to the council in the area where they had been living in Home Office accommodation. Mr X’s accommodation was not in the Lincoln area so there is no suggestion of fault in the Council’s decision that Mr X does not have a local connection.

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Final decision

11. We will not investigate this complaint because Mr X could have appealed to the court and because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman