Summary: We will not investigate this complaint about the Council’s assessment of a housing application and maintenance of heating in social rented property. It is reasonable for Mr X to ask the Council to review his housing application banding and we have no jurisdiction not investigate complaints about housing management by social housing landlords.

The complaint

1. Mr X complained about the low banding of his housing application. He says he has little chance of being rehoused on this level of priority and the Council has simply advised him to keep bidding. He also complained about the Council’s failure to ensure heating vents in his home were properly cleaned out.

Back to top

The Ombudsman’s role and powers

2. 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:

• there is not enough evidence of fault to justify investigating, or
• it would be reasonable for the person to ask for a council review or appeal.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

3. I considered the information provided by the complainant and the Council’s response.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Mr X says the Council has advised him to keep bidding on vacancies but his housing priority on the housing register is in a low banding and he says he has little chance of being rehoused on this banding. He has not said if he believes his banding should be higher.
6. The Council maintains the housing register with applicants given priority according to their housing circumstances. If Mr X warrants only a low banding because he is a single applicant then his only chance of being successful is to bid on vacancies. This advice is not fault by the Council. If he wishes to challenge the current banding priority it is reasonable for him to ask for a review of his application by the Council under s.166A of the Housing Act 1996.
7. Mr X also complained about the Council’s failure to carry out cleaning of the heating vents in his rented flat. He believes it should be the landlord’s responsibility and not the tenant’s. We cannot investigate complaints about tenancy management by social housing landlords. This falls within the remit of the Housing Ombudsman service and the Council has already advised Mr X to contact that authority if he is dissatisfied with its complaint response.

Back to top

Final decision

8. We will not investigate this complaint about the Council’s assessment of a housing application and maintenance of heating in social rented property. It is reasonable for Mr X to ask the Council to review his housing application banding and we have no jurisdiction not investigate complaints about housing management by social housing landlords.

Back to top

Investigator's decision on behalf of the Ombudsman