Summary: Mrs X complained about the Council’s failure to move her to a suitable property following years of complaints about dampness and disrepair in her council home. The Ombudsman cannot investigate this complaint. This is because it concerns complaints about the management of housing by a social housing landlord and is outside our jurisdiction. Mrs X has not completed an application for rehousing under the Council’s allocations scheme.

The complaint

1. Mrs X says her present Council home is unsuitable for her family because it suffers from disrepair and dampness. She wants the Council to move her to a more suitable property as a direct let and does not think she should have to re-apply for housing because she is an existing secure tenant.

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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. Mrs X has commented on a draft copy of my decision.

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What I found

4. Mrs X says she has been living in unsuitable council accommodation since 2008 due to disrepair and dampness making one bedroom unusable. The Council has carried out numerous works over time but the problem remains. She also complained about the Council taking legal action against her for rent arrears which were later removed due to initial underpayments from the Department for Work and Pensions.
5. The Council says it has identified further work to be completed which was delayed by the COVID-19 lockdown and now because its contractors cannot gain access. The Council offered Mrs X an alternative property as a decant or as a permanent direct let but she has not accepted it.
6. The Ombudsman cannot investigate complaints about the management of social housing by council landlords and this includes rent arrears, housing repairs and decants or direct offers of accommodation. These matters fall within the remit of the Housing Ombudsman service. The Council advised Mrs X to contact this body if she disagreed with its final decision on her formal complaint.
7. We can consider complaints about failure to properly consider housing applications under the Council’s allocation procedure. However, the Council sent Mrs X an application in February 2020 and it says this has not been returned.

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Final decision

8. The Ombudsman cannot investigate this complaint. This is because it concerns complaints about the management of housing by a social housing landlord and is outside our jurisdiction. Mrs X has not completed an application for rehousing under the Council’s allocations scheme.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman