Complaints about housing transfers
This fact sheet is aimed at people who are having problems with their application for a housing transfer and may be considering making a complaint to the Ombudsman.
I have a problem with my application for a housing transfer within my council area. Can I complain to the Ombudsman?
- Yes, in some circumstances. We can look at the way the council has dealt with your application to see if it has been handled correctly.
- We look at complaints about councils’ administrative processes so we are unlikely to consider your complaint if the council has handled things correctly and your main concern is about how long the transfer is taking.
How do I complain?
- You should normally complain to the council first. Councils often have more than one stage in their complaints procedure and you will usually have to complete all stages before we will look at your complaint.
- Then, if you are unhappy with the outcome, or the council is taking too long to look into the matter - we think 12 weeks is reasonable - you can complain to us.
- You should normally make your complaint to us within 12 months of realising that the council has done something wrong.
- To complain to the Ombudsman phone our Advice Team on 0300 061 0614 or 0845 602 1983 (8.30am to 5.00pm, Mondays to Fridays). You will be able to discuss your complaint with one of our advisers. You can text us on 0762 480 4299.
- You can complete an online complaint form at www.lgo.org.uk/making-a-complaint or email us at advice@lgo.org.uk.
If you can consider my complaint what will the Ombudsman look for?
We consider whether the council has done something wrong in the way it dealt with your application for a transfer which has caused you problems. Some of the issues we can look at are:
- delay in processing your application;
- losing your application or other documents;
- turning down or suspending your application for no good reason;
- not assessing your application in line with the council’s allocations policy;
- making a mistake, such as getting your application date wrong, not giving you the points you should have, or putting you in the wrong band;
- failing to take special factors into account, such as overcrowding or medical problems;
- not offering accommodation to you, including losing a bid made through a choice-based lettings scheme; or
- unreasonable delay in responding to correspondence.
What happens if the Ombudsman finds that the council was at fault?
We can recommend that the council:
- takes action to put the matter right, such as to reassess your application or make an offer of suitable accommodation;
- improves procedures so that the same problems do not occur again;
- pays compensation. The amount will depend on how you have been affected by what has gone wrong. If we find you have missed the offer of permanent accommodation, or there has been unreasonable delay, we usually recommend the council to pay you a sum for your anxiety and inconvenience;
- sends a written apology; and/or
- reviews its policies to bring them into line with legislation or other government guidance.
Examples of some complaints we have considered
Mr M applied for a transfer to a larger property when his two children came to live with him. The council told him it would not validate his application until he obtained a residency order. The council was wrong to do this, as the purpose of a residency order is to resolve disputes between parents and not to support an application for housing. Mr M was unable to secure a move until he obtained a residency order from the court. We asked the council to refund the cost of obtaining the residency order and pay compensation for the delay in providing suitable accommodation.
Mrs D complained that the council had lost her bid for a transfer to sheltered housing. The council said she had not made a bid for the property as it had no record of it. The successful applicant was in the same priority group as Mrs D but had not been waiting as long. When we looked at the way in which the council handled telephone bids, such as Mrs D’s, we found that they were recorded on scraps of paper and post-it notes, as well as specially-designed forms, some of which contained inaccurate information. We considered this process to be so inadequate that the council could not say with any certainty that Mrs D had not made a bid for the property. We asked the council to pay Mrs D compensation for the time she spent waiting for sheltered housing, and to review its procedures for recording telephone bids.
Other sources of information
Our fact sheets give some general information about the most common type of complaints we receive but they cannot cover every situation. If you are not sure whether we can look into your complaint, please phone 0300 061 0614.
The Local Government Ombudsmen provide a free, independent and impartial service. We consider complaints about the administrative actions of councils and some other authorities. We cannot question what a council has done simply because someone does not agree with it. If we find something has gone wrong, such as poor service, service failure, delay or bad advice and that a person has suffered as a result the Ombudsmen aim to get it put right by recommending a suitable remedy.
Date Updated: 27/11/09