Summary: We will not investigate Ms X’s complaint about the wait for rehousing through the Council’s housing register. There is insufficient evidence of fault to warrant our involvement. We cannot investigate her complaint about disrepair because we cannot investigate a council’s actions when it is acting as a manager of social housing.

The complaint

1. Ms X complained about the delay in being rehoused. She said her family was living in overcrowded accommodation, which was having a significant negative impact on their wellbeing. She said they needed urgently rehousing. But the Council told her she is likely to wait around nine years to be rehoused in her current priority band.
2. Ms X also complained about disrepair in her council property.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
5. 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
• we cannot achieve the outcome someone wants.

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

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How I considered this complaint

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

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My assessment

8. Ms X complained about disrepair in her Council property. We cannot investigate complaints about the way the Council responds to complaints about disrepair where the Council is acting as a manager of social housing. Therefore, we will not consider this part of the complaint further.
9. As part of complaint about disrepair, Ms X asked the Council to reassess her housing needs. She asked it to consider increasing her priority on its housing register because her family needed urgent rehousing.
10. In its complaint response, the Council said it had recently reviewed her priority band and band B was correct. It set out the criteria for band A and explained why she did not meet the criteria for that. It explained applicants in band B typically wait around 9 years for a three bedroom property. And it set out other routes to rehousing she could consider.
11. Ms X was unhappy with its response. She said she accepted the priority band was correct, but she needed rehousing urgently. The Council acknowledged the family were short of two bedrooms, and again confirmed band B was correct. It explained there was a chronic shortage of housing in its area.
12. The Council reviewed the priority band awarded and explained why Ms X did not meet the criteria for band A priority. Ms X accepted the priority band was correct. There is insufficient evidence of fault to warrant our involvement.
13. We are aware there is a national shortage of housing and applicants are waiting a long time to be rehoused, particularly in London. But the Council must allocate social housing in line with its allocation scheme, and we cannot tell it to rehouse Ms X urgently. Therefore, we cannot achieve the outcome she wants.

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Final decision

14. We will not investigate Ms X’s complaint because there is insufficient evidence of fault to warrant our involvement.

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Investigator's decision on behalf of the Ombudsman