Summary: We cannot not investigate this complaint the Council failed to address disrepair in the complainant’s property. This is because we have no remit to consider complaints about the management of social housing.

The complaint

1. Ms X complained the Council failed to provide a suitable three-bedroom property despite persistent disrepair issues in her flat, causing distress to her and her two children with special needs. She said her child, Y’s health, was affected by the property. Ms X said she applied to join the Council’s housing register, but it did not take Y’s needs into account and award high enough priority.
2. She wants the Council to allocate her a three-bedroom flat and ensure her current flat is fully repaired before it is reassigned to another tenant.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. 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 cannot achieve the outcome someone wants.

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

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How I considered this complaint

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

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My assessment

8. Ms X is a social housing tenant. She complained about the state of disrepair in her flat and how the Council had undertaken the remedial works needed. The law says we cannot investigate complaints where the Council is acting as a social landlord. These matters fall within the jurisdiction of the Housing Ombudsman Service. Therefore, we cannot investigate this complaint.
9. Ms X applied to rejoin the Council’s housing register. The Council accepted the application, but did not award Ms X reasonable preference. Ms X asked the Council to review its decision not to award her medical priority banding. The Council conducted this review and overturned its initial decision. It awarded her reasonable preference on medical grounds.
10. Ms X wants the Council to allocate her a three-bedroom property. The Council explained Ms X’s priority band for housing did not change with the reasonable preference on medical grounds award. This is because she already had priority as an existing tenant of the Council.
11. We will not investigate Ms X’s complaint the Council failed to consider Y’s needs when determining her housing priority. The Council made its decision in line with its Housing Allocation policy.
12. There is no evidence of fault in how the Council awarded priority to Ms X. Therefore, it is unlikely an investigation would reach a different outcome or achieve what Ms X wants.

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Final decision

13. We cannot investigate this complaint because we have no remit to consider complaints about the management of social housing

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Investigator's decision on behalf of the Ombudsman