Summary: We will not investigate this complaint about how the Council considered the housing occupied by the complainant and her family. We cannot investigate how it handled repairs, and there is not enough evidence of fault in the way it has considered her housing priority to justify investigating.

The complaint

1. Miss X complains the Council is putting her family’s health at risk by not moving them to a safer property. She says the damage in the property caused respiratory issues and would like to be moved to a suitable property.

Back to top

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))

Back to top

How I considered this complaint

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

Back to top

My assessment

7. Miss X says the Council was putting her family’s health at risk by not properly dealing with the disrepair in the property. The Council advised it has completed all the necessary repairs, but we could not investigate this part of the complaint in any event.
8. Miss X would like the Council to move her to a more suitable property and has applied to the housing register. The Council does not make any direct offers of housing so we cannot achieve the outcome Miss X wants. She must use the bidding system to bid on suitable properties. So, there is not enough evidence of fault in the Council’s decision not to rehouse Miss X.
9. The Council asked Miss X to provide information to see if she is eligible for more priority on the register. It says she had not yet done this. It is reasonable to expect Miss X to provide this information so the Council can support with increasing her bidding prospects. It is also the case Miss X wished to move because of the condition of her accommodation affecting her family’s health, but after completion of the repairs that may no longer be the case so there is no reason for us to investigate the point now. If Miss X has other up to date information relevant to her application it is open to her to provide it to the Council.

Back to top

Final decision

10. We will not investigate Miss X’s complaint because we cannot investigate disrepair and there is not enough evidence of other fault to justify further investigation.

Back to top

Investigator's decision on behalf of the Ombudsman