Summary: We will not investigate this complaint about how the Council has dealt with Mr and Mrs X’s housing. This is because they have not complained to the Council about its actions and the Council has agreed to review the suitability of their current accommodation and there is nothing further we could achieve.

The complaint

1. Mr and Mrs X complain the Council has refused to accept their housing application because of rent arrears from 2015. Mr and Mrs X say they need to move from the area due to the impact on Mr X and their son’s health.

Back to top

The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating, or further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))
3. The law says we cannot normally investigate a complaint unless we are satisfied the council knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the council of the complaint and give it an opportunity to investigate and reply (Local Government Act 1974, section 26(5))
4. 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)

Back to top

How I considered this complaint

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

Back to top

My assessment

7. We cannot investigate complaints about how the Council manages social housing. Therefore, we cannot investigate Mr and Mrs X’s complaint about rent arrears.
8. Mr and Mrs X have applied to the Council for medical priority for their housing application. The Council has said they are not entitled to this. Mr and Mrs X have a right to ask for a review of this decision. The Council has not had an opportunity to respond to a review or complaint about this matter. Therefore we will not investigate this complaint.
9. The Council says it reviewed the suitability of Mr and Mrs X’s current accommodation in February 2020. However the Council does not have a copy of the review decision although it’s records indicate the review was “upheld”. The Council says it will now carry out a further review of the suitability of the accommodation. This is a suitable way to remedy the lack of any record of the decision and there is nothing further we can achieve from an investigation.

Back to top

Final decision

10. We will not investigate Mr and Mrs X’s complaint because:
• We cannot investigate housing management matters;
• they have not complained to the Council about its decisions on their housing application; and
• the Council has agreed to review the suitability of their accommodation to remedy the lack of records about an earlier decision and there is nothing further we can achieve from an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman