Summary: We will not investigate this complaint about how the Council dealt with Miss X’s housing application. This is because it is reasonable for her to use her right of appeal to the Council.

The complaint

1. Miss X complains that her council property is unsuitable due to mould and that the Council should place her back onto the housing register.

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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 it would be reasonable for the person to ask for a council review or appeal. (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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I cannot investigate Miss X’s complaint about the condition of her property and the ongoing issue with mould in the property. Miss X is a council tenant and her complaint about the Council’s failure to carry out work to resolve this issue of mould concerns the Council’s actions as her social housing provider. It is not within our remit to investigate complaints about council’s when they are acting as social housing provers. The Housing Ombudsman is better placed to investigate such complaints.
7. We can consider how the Council dealt with Miss X’s application to join the housing register. The Council rejected her application, and Miss X submitted an informal appeal. The Council refused her appeal and advised Miss X how she could submit a formal appeal.
8. I will not investigate how the Council has dealt with Miss X’s application to join the housing register. This is because it is reasonable for Miss X to use her formal right of appeal to the Council first.

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Final decision

9. We will not investigate Miss X’s complaint because it is reasonable for her to use her right of appeal to the Council

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Investigator's decision on behalf of the Ombudsman