Summary: We will not investigate this complaint from a Council tenant about the Council’s failure so far to transfer her from flat, which is in disrepair. This is because there is no sign of fault by the Council in the way it has assessed the tenant’s transfer application.

The complaint

1. The complainant, who I shall call Mrs X, complained about the Council’s failure to transfer her to another property in view of the poor condition of her existing flat.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We provide a free service, but must use public money carefully. We do not start an investigation if, for example, we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
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 Mrs X provided to the Housing Ombudsman Service which they transferred when referring her complaint to us. I also considered information from the Council about its assessment of Mrs X’s transfer application and responses to her complaints. I also took account of the Ombudsman’s Assessment Code.

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My assessment

5. By law, every local housing authority must publish an allocations scheme that sets out how it prioritises applicants for social housing, and its procedures for allocating housing. The law says all allocations must be made in strict accordance with the published scheme.
6. We recognise the demand for social housing far outstrips the supply of properties in many areas. We may not find fault with a council for failing to re-house someone in housing need if it has assessed their application and allocated properties in line with its published allocations scheme.
7. The Council assessed Mrs X’s transfer application last year and awarded her 100 points under its Allocation Scheme - 50 points for overcrowding and 50 for being in a working household. This meant Mrs X was in priority band C, the third ranked of the four priority bands.
8. But having considered the Council’s Scheme and Mrs X’s circumstances, I see no reason to suggest its decision about her priority points and banding is wrong.
9. Mrs X feels she should have higher priority for a move due to damage and poor conditions in her home which have resulted from roof leaks. But the Council’s Scheme does not award priority for a transfer because of routine disrepair.
10. The Scheme does allow the Council to award band A priority where it requires a tenant to move out because their home needs major works or essential repairs, or where there is an immediate, unacceptable risk to their health and safety. But I have not seen evidence to suggest Mrs X’s situation meets any of these criteria for band A priority.
11. We cannot consider a complaint about the Council’s repairs service as the law prevents us from looking at complaints about the management of council housing. But I understand the Housing Ombudsman Service has been considering this matter and the Council says it is trying to work with Mrs X so it can carry out the repairs recommended by the Housing Ombudsman.

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Final decision

12. We will not investigate Mrs X’s complaint about the Council’s failure to prioritise her for a transfer because of the poor condition of her home. There is no sign of fault by the Council regarding this matter to warrant our further involvement.

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Investigator's decision on behalf of the Ombudsman