Summary: We will not investigate this complaint about the Council’s assessment of a housing application and disrepair in a council rented property. There is insufficient evidence of fault in the Council’s assessment and we have no jurisdiction to investigate complaints about disrepair in social housing.

The complaint

1. Miss X complained about the Council failing to dela with dampness and mould in her flat caused by an external water leak. She says this is affecting her health and she has other conditions which mean she needs rehousing.

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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 how the organisation made its decision, 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 allocations policy.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X reported dampness and mould to the Council caused by water leaks into her flat in late 2022. The Council inspected the property and scheduled work to include improvements to the heating and ventilation system. Miss X has applied for a housing transfer and she was awarded Band C for moderate medical needs. She says although remedial work has been carried out, her health continues to be affected by other suitability issues in the flat.
7. She complained to the Council and it informed her that her banding was correct for her needs at that time in March 2023. It advised her to provide any new medical information in a medical assessment request. It also advised her to inform it of any changes in her household as she was expecting a baby in early 2024. Miss X has not had a new medical assessment since this time and she has not informed us of any changes in her medical circumstances which might trigger a new assessment.
8. The Council also agreed to pay Miss X £700 for re-decoration following the works to her home.
9. We have no jurisdiction to investigate Miss X’s complaints about disrepair caused by leaks or poor ventilation in her flat. Repairs to social housing fall within the remit of the Housing Ombudsman service and we have no discretion to consider them.
10. The Council assessed Miss X’s application according to its allocations policy. If she believes her medical condition has worsened since the last assessment, she will need to provide the Council with evidence of this as it advised her to do. She will also need to inform the Council of any changes to her family composition following the birth of her child.
11. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong. We 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.

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Final decision

12. We will not investigate this complaint about the Council’s assessment of a housing application and disrepair in a council rented property. There is insufficient evidence of fault in the Council’s assessment and we have no jurisdiction to investigate complaints about disrepair in social housing.

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Investigator's decision on behalf of the Ombudsman