Summary: We will not investigate this complaint about the complainant’s request to move due to vermin in her home. This is because there is insufficient evidence of fault by the Council, we cannot achieve the outcome the complainant wants, and because we cannot investigate a complaint about a council acting as a landlord.

The complaint

1. The complainant, whom I refer to as Ms X, says she has had a problem with vermin in her flat. Ms X is on the housing register and wants us to help her to move.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we believe:

• it is unlikely we would find fault, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended)

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 read the complaint and the Council’s responses. I checked Ms X’s current circumstances and invited Ms X to comment on a draft of this decision.

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What I found

What happened

5. Ms X lives in a two bedroom flat with her child. She has lived in the property for more than three years and has had problem with pests and vermin. Ms X is on the housing register. She is in band two because she does not have access to a garden and has a child under 12 years of age.
6. Ms X complains of the impact of the vermin. Ms X wants to move to alternative accommodation.
7. The complaint replies show the Council has carried out pest control visits and a visit in early 2020 found the property was free of pests. The Council invited Ms X to apply for medical priority with her housing application but there is no evidence she did this. The Council told Ms X she should bid on as many different properties as possible to increase her chance of moving. The Council said she was only bidding for houses which are in high demand.

Assessment

8. I will not start an investigation for the following reasons.
9. There is insufficient evidence of fault by the Council. I have considered the housing allocations policy and band two is the correct band for Ms X’s circumstances. I have not seen anything to suggest she would qualify for band one or the emergency band.
10. I cannot achieve the outcome Ms X would like. The Council can only offer a property to Ms X if she places a successful bid. I have no power to ask the Council to offer Ms X a home outside of that process.
11. I cannot investigate the complaint about how the Council responded to the reports of vermin. This is because that is a housing management issue and I have no power to investigate a council when it is acting as a landlord.

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Final decision

12. I will not start an investigation because there is insufficient evidence of fault by the Council, we cannot achieve the outcome Ms X would like, and I have no power to investigate how the Council dealt with the vermin.

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Investigator's decision on behalf of the Ombudsman