Summary: We cannot investigate this complaint about whether the complainant can remain in the family home. This is because we cannot investigate complaints about a council when it is acting as a landlord. We will not investigate the complaint about the bidding process for a new home because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mr X, complains the Council wants him to move following the death of a relative. Mr X wants the Council to add him to the tenancy. Mr X also complains the Council expects him to bid for a new home. Mr X says he cannot cope with bidding and the housing situation is affecting his heath. Mr X wants a review, apology and compensation.

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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. 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 Mr X and the Council. This includes the complaint correspondence. I also considered our Assessment Code.

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My assessment

5. Mr X was living with a parent who was a Council tenant. Following their death, the Council told Mr X it is unlikely he will be able to remain in the property. The Council has had discussions with Mr X about issues such as succession rights and property size.
6. Mr X is on the housing register. He is in band A and is registered for direct bids. This means the Council will identify a property that is suitable for his needs and offer it to him. The Council has received an assessment which it will use to help it determine what sort of property will be suitable.
7. The Council told me Mr X has placed bids for some properties and has a support worker who can help.
8. Mr X wants to remain in the family home and does not agree he should have to leave and bid for a new home.
9. The law says we cannot investigate any complaint about a council acting as a landlord and carrying out housing management functions. In this case, all the decisions about whether Mr X can remain in the property, and whether he has succession rights, are being made by the Council in its capacity as Mr X’s landlord. This means I cannot investigate any issue about whether he can stay in the property or any complaint Mr X may have about being asked to leave.
10. I can consider the way the Council is operating the housing register. If Mr X has to move, he will need a new home, and he can access new accommodation through the housing register. The Council has placed Mr X in the highest band and will make a direct offer; it is aware he has a support worker should he wish to place a bid. The Council sought advice to make sure the property it offers meets Mr X’s needs and it will consider other points Mr X may make regarding suitability. The Council’s actions in relation to the housing register are consistent with the policy so there is no suggestion of fault and no reason to start an investigation.

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Final decision

11. We will not start an investigation because we have no power to investigate some of the issues and because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman