Summary: We will not investigate this complaint about the Council’s handling of a housing application and housing provision. We cannot consider the actions of councils acting as social housing landlords, and there is insufficient evidence of fault in the Council’s handling of the housing application and allocation of housing to warrant us investigating.

The complaint

1. Mr X complained about the suitability of housing offered to him and how the Council handled his housing application.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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.)

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 there is not enough evidence of fault to justify investigating.

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

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How I considered this complaint

5. I considered information provided by the complainant, and the Ombudsman’s Assessment Code.

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My assessment

6. Mr X says the Council offered him a property without fully disclosing all information about the property to him, and did not allow him enough time to consider the property’s suitability.
7. Mr X is a social housing tenant. We cannot consider complaints about the actions of Councils acting as social housing landlords relating to the provision of management of social housing. This includes sharing with him information about the environment of accommodation it manages.
8. We can consider the actions of Councils in relation to housing allocations. The Council made reasonable adjustments to its procedures, allocated accommodation in line with his application, and allowed Mr X additional time to consider the property. So there is not enough evidence of fault in the way the Council allocated the accommodation and offered it to Mr X.

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Final decision

9. We will not investigate this complaint. We cannot consider the actions of Councils acting as social housing landlords, and there is insufficient evidence of fault in the Council’s handling of the housing application and allocation to warrant us investigating.

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Investigator's decision on behalf of the Ombudsman