Summary: We will not investigate this complaint about the allocation of a social housing property and Mrs X’s request for a transfer to a larger flat. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. Mrs X is a tenant of a social housing landlord and we cannot consider complaints about tenancy matters or allocations which are outside our jurisdiction.

The complaint

1. Mrs X moved to a sheltered social housing flat in 2019. She was unhappy with the property due to its size and its condition. She says the cooker and fridge were faulty and there was no storage for her belongings. She has tried to move since then but has found other properties unsuitable and has a low priority for 2 bedroom homes which is what she wants.

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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 considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs x says the flat which she accepted from the Council in 2019 was unsuitable for her needs. She complained that the flat was in poor decorative condition and lacked sufficient storage for her belongings and furniture. She says the fitted cooker and fridge failed and had to be replaced.
6. Since 2019 she has tried to find a bigger home. She says other flats offer by the Council were unsuitable because of their location or size and she wants to be housed in a two-bedroomed property. The Council’s allocations service told her that she is currently adequately housed as a single person and that she would not have any priority for a 2-bedroomed home.
7. Since 2013 we have had no jurisdiction to consider complaints about social housing landlords and the management of their estate. This restriction applies to Mrs X’s complaints about her current home.
8. We can only consider complaints about housing applications which fall under the reasonable preference criteria of The Housing Act 1996 Part Vl. The Council says it will only consider her for management transfers or mutual exchanges because her housing needs are currently met by her existing home. For these reasons we cannot consider Mrs X’s complaint further.

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Final decision

9. We will not investigate this complaint about the allocation of a social housing property and Mrs X’s request for a transfer to a larger flat. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. Mrs X is a tenant of a social housing landlord and we cannot consider complaints about tenancy matters or allocations which are outside our jurisdiction.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman