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Liverpool City Council (18 013 899)

Category : Housing > Allocations

Decision : Closed after initial enquiries

Decision date : 28 Mar 2019

The Ombudsman's final decision:

Summary: Miss X complained about the Council’s failure to allocate her a suitable property after it decanted her several years ago from her Council home. The Ombudsman cannot investigate this complaint. This is because Miss X is a council tenant who was moved to a temporary property under a decant scheme. This falls within the remit of the Housing Ombudsman service and is outside our jurisdiction.

The complaint

  1. The complainant, whom I shall call Miss X, complains about the Council decanting her to another property when her own council home was scheduled for demolition 12 years ago. She says she should be offered a suitable property by this time and has been refused consideration for some properties she asked for.

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The Ombudsman’s role and powers

  1. 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)

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How I considered this complaint

  1. I have considered all the information which Miss X submitted with her complaint. I have also considered the Council’s response and Miss X has commented on the draft decision.

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What I found

  1. Miss X says she was moved to another council property following the redevelopment of her estate and proposed demolition of her existing home. She says she has not been given another property since she was moved into a temporary one. She has applied for some three bedroomed vacancies but the Council told her she is only entitled to a like for like property as a decant tenant.
  2. Since April 2013 the Ombudsman has no authority to investigate complaints by council tenants related to decant moves by social housing landlords. This falls within the remit of the Housing Ombudsman service and we have no jurisdiction to investigate this complaint.

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Final decision

  1. The Ombudsman cannot investigate this complaint. This is because Miss X is a council tenant who was moved to a temporary property under a decant scheme. This falls within the remit of the Housing Ombudsman service and is outside our jurisdiction.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman

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