Summary: We will not investigate this complaint about the Council’s assessment of a housing application. There is insufficient evidence of fault which would warrant an investigation. We cannot investigate complaints about tenancy management by social housing landlords.

The complaint

1. Miss X complained about the Council’s refusal to allow her to apply for a tenancy transfer under the allocations policy. She says she needs to move from her current home and that it should not prevent her from doing so because of rent arrears on her account.

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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
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

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

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’s response. 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 says she was told she is ineligible for a housing transfer because there are rent arrears on her account and she may also owe rent from a former tenancy. The Council says its allocations policy allows it to refuse as ineligible tenants who have rent arrears and where it has served notice of seeking possession for them. This applies to Miss X’s application. She will be re-assessed in 12 months when the arrears will be re-considered.
7. Miss X disputes why she owes the arrears following the direct let to her current home in 2024. We cannot investigate complaints about rent accounts held with social housing landlords because this is not within our jurisdiction.
8. The Ombudsman 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. I have seen no evidence of fault which would suggest that the Council failed to properly consider Miss X’s application.

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Final decision

9. We will not investigate this complaint about the Council’s assessment of a housing application. There is insufficient evidence of fault which would warrant an investigation. We cannot investigate complaints about tenancy management by social housing landlords.

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Investigator's decision on behalf of the Ombudsman