Royal Borough of Kensington & Chelsea (23 007 493)
Category : Housing > Allocations
Decision : Closed after initial enquiries
Decision date : 27 Nov 2023
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about how the Council has dealt with a housing transfer request. This is because we cannot investigate complaints about councils when they are acting as a registered social housing provider.
The complaint
- Ms X complains about the actions of the Council in regard to the condition of her council home and how it has dealt with her request for a transfer.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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).
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X is a Council tenant. She complains about the condition of her property and about how the Council has dealt with her request for a transfer on the grounds that the condition of the property is negatively impacting her health.
- We cannot investigate Ms X’s complaint. She is a Council tenant and is complaining about the condition of her council property and the Councils’ decision that there are insufficient grounds to transfer her. Therefore, her complaint is about the Council’s actions concerning one of its social housing tenants. Miss X may be able to complaint to the Housing Ombudsman.
- Ms X has made a number of allegations that she has been the victim of fraud and theft. Any allegation of criminal conduct and would not be a matter for us but rather for the police.
Investigator's decision on behalf of the Ombudsman