Summary: Mrs X complains about the Council’s failure to properly consider her application for a transfer from her Council home which she says is unsuitable. The Ombudsman cannot not investigate this complaint. This is because her transfer application is not within a category which is within the Ombudsman’s jurisdiction. This is the responsibility of her social housing landlord.

The complaint

1. The complainant, whom I shall call Mrs X, complains about the Council’s failure to properly consider her transfer application. She says her current Council home is unsuitable for her needs and has insufficient space. She wants a transfer to a ground floor property with bigger rooms.

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The Ombudsman’s role and powers

2. 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

3. I have considered all the information which Mrs X submitted with her complaint. I have also considered the Council’s response.

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What I found

4. Mrs X lives in a ground-floor flat which she rents from the Council. She says the kitchen is too small and the layout is unsuitable for her lifestyle. She applied to the Council for a transfer. The Council told her she has low priority because she is already in ground floor accommodation with a walk-in shower and says it is suitable for her needs.
5. The Council says she will remain in band 4 for her transfer priority because there are applicants with higher needs in unsuitable homes. It suggested she may be able to have the kitchen layout changed if she underwent an assessment by an occupational therapist. Mrs X says she would prefer to move to a bungalow or bigger flat.
6. The Ombudsman can only consider transfer applications from persons who have been identified as having ‘reasonable preference’ under the Housing Act 1996. The Council has not included Mrs X in this category because her needs are currently met by her current accommodation.

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Final decision

7. The Ombudsman cannot not investigate this complaint. This is because her transfer application is not within a category which is within the Ombudsman’s jurisdiction. This is the responsibility of her social housing landlord.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman