Summary: We will not investigate this complaint about Miss X’s transfer application and the assignment of her tenancy to her son. There is insufficient evidence of fault which would warrant an investigation. We cannot investigate complaints about tenancy matters concerning social housing landlords.

The complaint

1. Miss X says the Council failed to allow her to assign her social housing tenancy to her son who lives with her. She cannot be eligible for bidding on other council properties without giving up her existing tenancy and making her son homeless.

Back to top

The Ombudsman’s role and powers

2. 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 an organisation’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)
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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Miss X is a tenant of the Council in a two-bedroomed flat with her son who has mental health problems. She says the flat is unsuitable for her needs because her bedroom is small and there are problems with noise and disturbance from neighbours. She asked the Council to re-house her separately from her son.
7. The Council told her that she is the sole tenant and that it could not re-house her and allow her son to remain as resident of the 2-bedroom property. He would be breaching its under-occupation policy and his benefits would not cover the additional bedroom charge.
8. The Council advised Miss X that it would consider her son and her for separate one-bedroomed flats as management transfers as they became available. This would mean they could be re-housed without having to compete with other applicants on the housing register. If she ended her tenancy without a transfer offer, she would render herself and her son homeless.
9. We cannot consider the matter of Miss X’s tenancy assignment. This is a landlord and tenant matter and falls within the jurisdiction of the Housing Ombudsman who is currently investigating it. We can only consider housing applications under part 6 of the Housing Act 1996 which would be limited to the status of an application to the housing register. As she is a two person household occupying a two-bedroom property it is unlikely that she would have any significant priority. If she applies as a single person there is no duty on the Council to allow her to assign the tenancy to her son.
10. There is no fault in the advice that the Council has given her about her tenancy and it has tried to offer a solution outside the normal housing allocation system. As this is a landlord/tenancy matter it is for Miss X to decide if she wishes to accept this.

Back to top

Final decision

11. We will not investigate this complaint about Miss X’s transfer application and the assignment of her tenancy to her son. There is insufficient evidence of fault which would warrant an investigation. We cannot investigate complaints about tenancy matters concerning social housing landlords.

Back to top

Investigator's decision on behalf of the Ombudsman