Summary: We will not investigate this complaint about the Council’s assessment of a housing application and disrepair and tenancy issues in a Council property. It is reasonable for Mrs X to ask the Council to review her housing application and any new circumstances. We cannot investigate complaints about repairs and tenancy matters by social housing landlords.

The complaint

1. Mrs X complained about the Council’s failure to support her request to move to a two-bedroomed ground floor property. She also says her home suffers from disrepair and she feels intimidated by neighbouring tenants.

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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.

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

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My assessment

6. Mrs X says the Council has failed to give her proper support to move to a larger property. She says she used to live in a 2-bedroom tenancy with stairs but moved to a bungalow after she suffered all. She says she now needs a live-in carer 3 days a week and requires 2 bedrooms again.
7. Mrs X was advised by the Council to complete an application and submit supporting evidence in 2023. She did provide a doctor’s letter that year but has not complained about the assessment until now.
8. Anyone wishing to have their housing application re-assessed by a council has a right to ask for a review under s.166A of the Housing Act 1996 part 6 at any time. It is reasonable for Mrs X to ask for a review and submit any medical evidence to support her need for an additional bedroom.
9. Mrs X also complained about disrepair and dampness in her Council home and incidents involving her neighbours. Since 2013 we have had no jurisdiction to investigate complaints about tenancy matters in property managed by social housing landlords. The Council advised Mrs X to complain to the housing Ombudsman service about these issues.

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Final decision

10. We will not investigate this complaint about the Council’s assessment of a housing application and disrepair and tenancy issues in a Council property. It is reasonable for Mrs X to ask the Council to review her housing application and any new circumstances. We cannot investigate complaints about repairs and tenancy matters by social housing landlords.

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Investigator's decision on behalf of the Ombudsman