Summary: Mr X complained about the Council’s refusal to allow him to bid on properties which he would like to transfer to. The Ombudsman cannot investigate this complaint. This is because it concerns a transfer request by a social housing tenant who is not considered to have reasonable preference under the Housing Act 1996 and is outside our jurisdiction.

The complaint

1. The complainant, whom I shall call Mr X, complains about the Council rejecting his bids for a transfer to properties in the areas where he wants to move to. He says that he needs to move to a similar property closer to a hospital because of the travelling costs from his present accommodation.

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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)
3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I have considered all the information which Mr X submitted with his complaint.

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What I found

5. Mr X is a social housing tenant living with his wife in two-bedroomed bungalow. He applied for a transfer to another town closer to hospital which he and his wife need to attend. He says the travelling costs are excessive at present and this could be reduced if he moved nearer.
6. The Council gave the application Band A priority because he occupies a two-bedroomed bungalow and he said he was prepared to transfer to a one -bedroomed property. Mr X has tried to bid on two-bedroomed vacancies in the areas of his choice, but the Council has informed he would only have Band E priority for similar-sized homes and have little chance of success. The band A priority only applies because of his under-occupation of his current home.
7. Mr X does not have transfer priority arising from ‘reasonable preference’ under the Housing Act 1996. This covers applicants given priority for homelessness, overcrowding or high medical needs. It does not include applicants awarded priority for under-occupation. The Ombudsman can only consider complaints from social housing transfer applicants who have reasonable preference. Mr X’s complaint is outside the Ombudsman’s jurisdiction.

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Final decision

8. The Ombudsman cannot investigate this complaint. This is because it concerns a transfer request by a social housing tenant who is not considered to have reasonable preference under the Housing Act 1996 and is outside our jurisdiction.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman