Summary: The Ombudsman cannot investigate Mrs B’s complaint about the Council’s decision that she is not eligible for its downsizing scheme. This is because we cannot consider complaints about housing transfer applications if they are not made by someone who is in one of the categories of applicants to whom the Council must give reasonable preference.

The complaint

1. The complainant, whom I shall call Mrs B, shares her home with her daughter and her daughter’s children. She complained about the Council’s decision that she is not eligible for its downsizing scheme. Mrs B told us she is finding her current situation very difficult.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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

4. I have considered the information Mrs B and the Council have provided. I have given Mrs B an opportunity to comment on my draft decision.

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What I found

5. Councils must allocate their accommodation in line with their housing allocation schemes. Under section 66A (3) of the Housing Act 1996, the Council must provide ‘reasonable preference’ to certain categories of applicants. The Council has placed Mrs B’s application on its housing register in band C. This is not a reasonable preference band. The Council says Mrs B is not currently under-occupying her home.
6. The Local Government and Social Care Ombudsman does not deal with all complaints about housing allocations. In relation to transfer applications from existing tenants, we only have jurisdiction to consider complaints from applicants with a reasonable preference. All other complaints about housing transfers are considered by the Housing Ombudsman. That is because they are about the Council’s management of its social housing. The Council has explained to Mrs B how to escalate her complaint.
7. Although Mrs B is on the Council’s housing register, her application is not in a reasonable preference category for rehousing. That means her complaint falls outside our jurisdiction.

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Final decision

8. The Ombudsman cannot investigate this complaint. This is because we cannot consider complaints about transfer applications if they are not made by someone who is in one of the categories of applicants to whom the Council must give reasonable preference.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman