Summary: We will not exercise discretion to investigate this complaint about the Council’s assessment of a housing application and its allocation of accommodation in 2007. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mrs X could not have complained to us sooner. We cannot investigate Mrs X’s complaint about the rejection of a direct management transfer because it is outside our jurisdiction.

The complaint

1. Mrs X complained about the Council offering her a direct tenancy let in 2007 which she says did not match the accommodation described to her. She says when she moved in she found out the downstairs toilet had been removed. She has asked for the toilet to be replaced since 2007 and if the Council continues to refuse this she wants it to offer her another direct tenancy to move to more suitable accommodation for medical reasons.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, 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 information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X says she moved in to her current home in 2007 as a direct offer from the Council. She says when he moved in she discovered that the downstairs toilet had been removed and converted into a utility room. She says a Council officer told her that it would be re-instated when the Council was to carry out an improvement scheme in the area the following year. This never happened and Mrs X says she has been complaining since to her landlord about the lack of a downstairs toilet.
7. We will not investigate this aspect of the complaint. Mrs X has been aware of the problem since 2007 and we will normally only consider complaints about matters which the complainant has brought to our attention within 12 months of becoming aware of them. There is no good reason why Mrs X could not have complained to us earlier. However, since 2013 we have had no jurisdiction to investigate complaints about social housing landlords and the management of their tenants.
8. Mrs X has applied for a transfer to more suitable accommodation as well as asking for the downstairs bathroom to be re-instated. The Council says in Band 2 on the housing register she has a reasonable chance of being rehoused under the allocations scheme. Because of this it will not commit resources to considering her for adaptation works when she may move to another property at any time, making the works costly and unnecessary. If she withdraws her transfer application it may consider her for the works if she qualifies.
9. Mrs X complained about being told she was not eligible for a further direct transfer offer. The Council considered his request but told her that such transfers are reserved for more urgent cases such as tenants facing sudden or urgent need to move due to fire, flooding or urgent works to their existing home. She does not fall into this needs group and has a reasonable chance of being rehoused through the choice-based lettings system.
10. We cannot consider applications under discretionary management transfers by landlords because they are outside the normal allocations policy under the Housing Act 1996 part 6.

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Final decision

11. We will not exercise discretion to investigate this complaint about the Council’s assessment of a housing application and its allocation of accommodation in 2007. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mrs X could not have complained to us sooner. We cannot investigate Mrs X’s complaint about the rejection of a direct management transfer because it is outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman