Summary: We will not investigate this complaint about the Council’s assessment of Miss X’s housing application. There is insufficient evidence of fault which would warrant an investigation. We have no jurisdiction to investigate her complaint about her social housing landlord’s delays in completing repairs to her rented home.

The complaint

1. Miss X complained about the Council’s refusal to accept her housing application to the housing register. She says her current home is overcrowded and it is unreasonable to expect her to use her living room as sleeping space. She also complained the Council’s delay in completing repairs to her social-rented home.

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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 consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (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)

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How I considered this complaint

4. I considered the information provided by the complainant. I have also considered the Council’s housing allocation policy.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X applied to the Council’s housing register because she says her council rented 2 bedroom flat is too small for her and her two children. The Council told her that she did not qualify for the register under its housing allocations policy because she was not overcrowded. It told her that for the space standard calculations under the policy it considered all separate habitable rooms in an applicant’s home could be regarded as sleeping accommodation. This reflects the provisions of the Housing Act 1985 which uses a similar standard when calculating statutory overcrowding.
7. Miss X says her two children aged 4 and 8 do not have sufficient space to share a bedroom and should have separate space. The Council advised her that until the oldest child is aged 10 there is no separate bedroom need under the policy or under the legislation. It considered the measurements her rooms and confirmed that she is currently ineligible under the allocations scheme.
8. The Ombudsman may not find fault with a council’s assessment of a housing application/ a housing applicant’s priority if it has carried this out in line with its published allocations scheme. We recognise that the demand for social housing far outstrips the supply of properties in many areas. The Council has explained why Miss X’s application does not meet the policy requirements and that she does not have any other mitigating circumstances which may allow for a discretionary waiver.
9. Miss X also complained about delays by her landlord in completing repairs to her home which added to the lack of available space. We cannot investigate complaints about repairs issues relating to the management of social rented housing. The Council has given Miss X information about making a complaint to the Housing Ombudsman service which is the body responsible for social landlord complaints.

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Final decision

10. We will not investigate this complaint about the Council’s assessment of Miss X’s housing application. There is insufficient evidence of fault which would warrant an investigation. We have no jurisdiction to investigate her complaint about her social housing landlord’s delays in completing repairs to her rented home.

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Investigator's decision on behalf of the Ombudsman