Summary: We will not investigate this complaint about the way the Council has responded property disrepair issues. This is because we have no jurisdiction over these complaints. This is role of the Housing Ombudsman. We do have the power to consider the complainant’s concerns about how her housing application and needs have been considered by the Council. Any housing application decision carries a right to request an internal review however and the complainant is yet to exercise this right. We will not investigate at this stage as it would be reasonable for the complainant to request a review.

The complaint

1. The complainant (Miss Z) complains the Council failed to appropriately resolve disrepair issues with her social housing in a timely manner. She says the property drains had lengthy blockages which caused continuous sewage spillage and made the property uninhabitable. Miss Z alleges the Council failed to take responsibility for the disrepair. She also says the Council refused to provide her with emergency accommodation and has since declined to reimburse her for costs she incurred arranging this herself.
2. Separately, Miss Z complains the Council has not actioned her request to transfer to another property on its housing register. She adds the Council has also not responded to her request for social care support on account of her mental health.
3. In summary, Miss Z says the alleged fault has resulted in her incurring financial costs which have put her in debt. She also explains she had no access to her property due the disrepair and was left effectively homeless by the Council. Further, Miss Z says the Council’s lack of action to support her moving and accessing social care services has exacerbated her poor health. As a desired outcome, Miss Z wants to be rehoused by the Council and supported with her mental health. She also wants the Council to provide compensation for her financial loss, as well as the impact the disrepair had on her health and wellbeing.

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The Ombudsman’s role and powers

4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide it would be reasonable for the person to ask for a council review once this can be exercised. (Local Government Act 1974, section 24A(6), as amended, section 34(B)).
5. 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

6. I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

Property disrepair

7. I note Miss Z is currently housed by the Council in a property from its housing register and stock. The disrepair issues concern the Council’s role as a social housing provider and its obligation of repair is central to its management responsibilities. The Local Government and Social Care Ombudsman does not have jurisdiction to consider complaints of this nature. This is the role of the Housing Ombudsman. The restriction I outline at paragraph five (above) applies and we cannot therefore consider this part of the complaint.

Housing application

8. The Council has informed Miss Z that because she is currently housed, then she would need to rejoin the housing register. I note Miss Z reapplied to the housing register in January 2024. She has identified her housing needs on the application as ‘care and support’, ‘exceptional circumstances’, ‘insanitary or unfit conditions’, ‘medical’ and also ‘mobility’. The Council says supporting evidence was requested from Miss Z in March 2024 to assist the Council in assessing these needs. It says it had not received supporting evidence when it wrote to Miss Z last in late April 2024. Once this information has been provided, the Council must assess Miss Z’s priority for housing which I would expect to consider the housing needs she has referenced, as well as any relevant medical grounds which warrant a higher level of preference for housing.
9. Importantly, a decision made by the Council about a housing application can be challenged by the complainant seeking a review with the council. We expect a complainant to have exhausted the review process before bringing a complaint to us. The Council’s Housing Allocations Scheme outlines an applicant will be informed in writing, of their right to request a review, within 21 calendar days of receiving a decision about their housing application. It would be reasonable for Miss Z to seek a review once the Council has been provided sufficient evidence to assess her housing needs. This is because the Council is best placed to assess Miss Z’s housing needs and preference for housing in the first instance.

Social care needs

10. The Council’s housing assessment will also consider Miss Z’s medical circumstances and needs within the context of her housing situation. In the meantime, Miss Z may benefit from requesting a care assessment from the Council under the Care Act 2014 if she considers she has eligible care needs. The information I have been provided by Miss Z about her request for support is limited to being raised in the context of her housing needs. As explained, any decision by the Council about her housing application carries a right of review.

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Final decision

11. We cannot by law investigate property disrepair issues as we have no jurisdiction to investigate the Council’s management functions as a social housing provider. The other parts of the complaint carry a right of review which Miss Z can reasonably exercise.

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Investigator's decision on behalf of the Ombudsman