Summary: We will not investigate this complaint about disrepair in the complainant’s home and her priority on the housing register. This is because we cannot investigate part of the complaint and because there is insufficient evidence of fault and injustice for the other parts.

The complaint

1. The complainant, Ms X, says she needs immediate rehousing due to disrepair in her home which she rents from the Council.

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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, or
• any fault has not caused injustice to the person who complained. (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 Ms X. This includes the Council’s decision about her priority on the housing register and information about the disrepair. I also considered our Assessment Code.

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My assessment

5. Ms X is a Council tenant. She is in band C on the housing register. Band C reflects a property which has moderate impact on the health of the residents. Band C also covers applicants who lack one bedroom. Ms X lives in a two bedroom flat and needs another bedroom.
6. Ms X reported mould and damp. The Council inspected the property and arranged repairs to take place at the start of the year. In her complaint to us Ms X expressed dissatisfaction with the quality of the work.
7. In April 2024 Ms X asked the Council for medical priority. The Council assessed her application and awarded band C medical priority in August. It confirmed this on review in December and said that work to deal with the disrepair was due to start in January. The Council explained why Ms X does not qualify for band B for medical reasons or disrepair.
8. We have no power to investigate a complaint about a council when it is acting as a landlord. The disrepair, any delay in dealing with the disrepair, and any complaint about the quality of the repairs, is the responsibility of the Council acting as Ms X’s landlord. This means I cannot investigate any of these issues.
9. I can consider how the Council assessed Ms X’s priority for the housing register up to its final decision in December. If Ms X has concerns about issues that arose after December (for example the quality of the repairs and whether that would have an impact on her housing application) she would need to raise that as a new complaint with the Council. We can only consider complaints about issues that have been considered by the Council as a complaint or a review.
10. I have read the Council’s allocations policy and its decisions regarding Ms X’s banding. I have not seen any suggestion of fault in the way it decided band C is the correct band. I have read the qualifying criteria for band A and B, especially in relation to medical need, overcrowding and disrepair, and the Council’s decision to award band C flows from the evidence and the policy. I have not seen any indication of fault in the way the Council confirmed band C.
11. There was some delay by the Council in reassessing the application after Ms X asked for medical priority. But, as she remained in band C, the impact of the delay is not one that requires an investigation.
12. Ms X wants immediate re-housing. If she thinks this is required due to on-going disrepair, she needs to raise this with her housing officer. The only other route to re-housing is via the housing register and Ms X will only be re-housed if she makes a successful bid.
13. We have no power to increase Ms X’s priority on the housing register or tell the Council it must re-house her.

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Final decision

14. We will not investigate this complaint because we have no power to investigate some issues and there is insufficient evidence of fault causing injustice for the other points. In addition, Ms X would need to make new complaints regarding events since December 2024.

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Investigator's decision on behalf of the Ombudsman