Summary: We will not exercise discretion to investigate this complaint about the Council’s consideration of Mrs X’s transfer application. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mrs X could not have complained to us sooner.

The complaint

1. Mrs X complained about the Council’s failure to transfer her form her current social-rented home since she applied in 2019. She says her home is overcrowded and unsuitable for her daughter’s disabled needs. She says her home is affected by dampness in most rooms and the Council has failed to deal with this since she reported it this year.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, 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 considered the information provided by the complainant and the Council. I have also considered the Council’s housing allocations policy.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X applied to the Council’s housing register in 2019 because her current social-rented home is overcrowded and she requires a 5-bedroom property which would need adaptions for her daughter’s disabled needs. She was awarded Band B which is the highest Banding on the housing allocations scheme which she can qualify for under her circumstances.
7. She was offered two properties in 2020 and 2021 as direct offers by her social housing provider outside the normal allocations scheme. She rejected these offers and remained on the housing list. The social landlord advised her that the property she is renting is unsuitable for adaptations for her daughter’s needs following a feasibility study based on Occupational Therapist’s reports in 2022. She was advised to widen her area of choice following limited vacancies in these areas.
8. Mrs X submitted a Right to Buy application for her home in July 2023. As a result the Council says it can only carry out emergency repairs and no adaptations or extensions can be considered while the application is active.
9. In 2023 Mrs X reported dampness in most of the rooms in her home. We cannot investigate complaints about disrepair in social rented housing. This falls within the remit of the Housing Ombudsman service.
10. Mrs X has had the same banding on the housing register for four years. If she believes the assessment of her housing application is incorrect it was reasonable for her to complain to us within 12 months of the banding decision. I have seen no evidence to suggest that she could not have complained to us sooner.

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Final decision

11. We will not exercise discretion to investigate this complaint about the Council’s consideration of Mrs X’s transfer application. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mrs X could not have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman