Summary: We will not investigate this complaint about the complainant’s priority on the housing register because there is insufficient evidence of fault by the Council. We cannot investigate any complaint about disrepair or anti-social behaviour because we cannot investigate a council when it is acting as a landlord.

The complaint

1. The complainant, Ms X, says she needs to move to more suitable accommodation, in a specific area, with a private garden. She complains the Council will not place her in the platinum band on the housing register. She also complains of disrepair and anti-social behaviour.

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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 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))
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)

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How I considered this complaint

5. I considered information provided by Ms X. I also considered the Council’s allocations policy and our Assessment Code.

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My assessment

6. Ms X lives in a Council property which is too small for her family’s needs. She reports disrepair and issues with the garden fence and says there is anti-social behaviour. Ms X is on the housing register, in the gold band, but says she should be in the platinum band. Ms X wants to move to a larger property, in a specific area, with a private garden.
7. The Council explained Ms X is in the correct band and she does not meet the criteria for the platinum band. It said most properties go to homeless applicants in the platinum band. The Council said there were 29 properties that would have been offered to Ms X if she had bidded for them. The Council encouraged her to widen her bidding area. The Council arranged action regarding the disrepair and anti-social behaviour.
8. I appreciate Ms X needs a bigger home, but I will not investigate this complaint because there is insufficient evidence of fault by the Council. I have considered the allocations policy and there is nothing to suggest Ms X meets the criteria for the platinum band. The Council’s decision that Ms X is in correct band is consistent with the policy so there is no reason to start an investigation. We could not ask the Council to do something which would be contrary to the policy.
9. Ms X has reported disrepair and anti-social behaviour. We cannot investigate this part of the complaint because we have no power to investigate a council when it is acting as a landlord.

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Final decision

10. We will not start an investigation because there is insufficient evidence of fault by the Council and because there are parts of the complaint we have no power to investigate.

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Investigator's decision on behalf of the Ombudsman