Summary: We cannot investigate this complaint about the suitability of the Council’s offer of a management transfer to Ms X. This is because we have no jurisdiction to investigate discretionary transfer applications outside Part 6 of the Housing Act 1996

The complaint

1. Ms X complained about the offer of a 2 bedroom priority for a management transfer following neighbour problems and disrepair in her social housing home. She says 2 bedrooms is unsuitable for her family needs.

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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. Ms X says she has been living in unsuitable accommodation for over 2 years. She is concerned that a resident from whom she suffered anti-social behaviour(ASB) may return to the locality. She also says that her home has had repair issues and mice infestation which have not been resolved to her satisfaction.
6. The Council says it has obtained an injunction against the perpetrator of the ASB and that he has been barred from the estate on power of arrest by the Police if he returns. The Council housing landlord also agreed to her application for a management transfer off the estate for her safety. Management transfers are discretionary moves which can be offered outside the normal housing allocations scheme. Each application is considered on its merits.
7. Ms X says the transfer offer is for 2-bedroomed accommodation only and she requires more space for her family so it is not suitable for her housing needs.
8. We cannot investigate complaints about transfer applications which are not within the Council’s allocations scheme under Part 6 of the Housing Act 1996. Management transfers are at the discretion of the housing landlord and we have no jurisdiction to investigate social housing providers. The Council advised Ms X to complain to the Housing Ombudsman service which is the proper body to consider complaints from social housing tenants.

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Final decision

9. We cannot investigate this complaint about the suitability of the Council’s offer of a management transfer to Ms X. This is because we have no jurisdiction to investigate discretionary transfer applications outside Part 6 of the Housing Act 1996.

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Investigator's decision on behalf of the Ombudsman