Summary: We have discontinued our investigation into Miss X’s complaint about the suitability of her property. This is because her landlord is a housing association and her request for adjustments to be made to the property falls outside our jurisdiction. There is also not enough evidence of fault in the Council’s original decision to nominate her for the property. Miss X can contact the Council if she wants information about applying for more suitable housing.

The complaint

1. Miss X complains about the suitability of her property following development works that took place after she moved in. She says that due to her medical conditions, the increased noise and frequency of traffic means the property is no longer suitable for her needs.

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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 there is not enough evidence of fault to justify investigating, or if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as housing association (Local Government Act 1974, sections 25 and 34(1), as amended)

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How I considered this complaint

4. I considered evidence provided by Miss X and the Council as well as relevant law, policy and guidance.
5. Miss X and the Council had the opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

6. Every local housing authority must publish an allocations scheme that sets out how it prioritises applicants, and its procedures for allocating housing. All allocations must be made in strict accordance with the published scheme. (Housing Act 1996, section 166A(1) & (14))
7. An allocations scheme must give reasonable preference to applicants in the following categories:

• homeless people.
• people in insanitary, overcrowded or unsatisfactory housing.
• people who need to move on medical or welfare grounds.
• people who need to move to avoid hardship to themselves or others.
  (Housing Act 1996, section 166A(3)).

8. In May 2023 Miss X was accepted onto the Council’s housing waiting list and placed in a medical urgent priority band in accordance with the Council’s published scheme.
9. The Council was subsequently asked to nominate an applicant for a property on a housing association development. Before making a nomination, it contacted a specialist Occupational Therapist to obtain details of the property and ensure it was suitable for Miss X’s needs.
10. In September 2023 the Council provided information about the property to Miss X. After she confirmed her agreement, the Council nominated her to the housing association.
11. Miss X moved into the property in October 2023.
12. In May 2024, the Council approved plans to extend the development. This decision was made after Miss X had already moved into the property.
13. In February 2025, Miss X complained to the Council, stating that noise and ongoing development work was affecting her wellbeing. She also said she believed the Council should have been aware of the planned development before offering her the property.
14. The Council responded to Miss X’s complaint, explaining that its housing allocations team had not been aware of the development plans at the time the property was offered. It advised Miss X to contact her landlord to discuss any ongoing issues and how they may support her.
15. The Council allocated the property according to its published allocations scheme and the planning approval took place seven months after Miss X moved in.
16. Miss X should contact her landlord to discuss what support or adjustments can be provided while the development work is taking place. If she remains dissatisfied after doing so, she may wish to refer her complaint to the Housing Ombudsman, as matters relating to housing associations fall outside our jurisdiction.
17. If Miss X wants to move somewhere else, she can contact the Council to ask for information about applying for more suitable housing.

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Decision

18. I have discontinued my investigation.

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Investigator's decision on behalf of the Ombudsman