Summary: We will not investigate Ms X’s complaint about the Council’s refusal to transfer her to another property. This is because there is insufficient evidence of fault.

The complaint

1. Ms X complains about the Council’s refusal to transfer her to another property. She says she is suffering from anti-social behaviour from her neighbour, and this is impacting her health. Therefore, she considers she has a medical/welfare need to move.

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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))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X is a council tenant, and in 2023 she asked the Council to transfer her to another property as she said she was suffering from anti-social behaviour from a neighbour.
6. The Council declined the transfer request and explained this was because there was insufficient evidence of the alleged harassment from her neighbour. The Council said both the police and environmental health had investigated but there was not enough evidence to take enforcement action.
7. The Council also explained Ms X’s medical evidence was assessed by its medical advisor. The medical advisor noted Ms X’s primary reason for the property not being suitable was due to the alleged anti-social behaviour. The medical assessor noted this was not a medical issue. Therefore, no medical priority was awarded.
8. Ms X’s complaint was delayed in coming to us as she was signposted to the Housing Ombudsman, instead of us. In the time that has passed since the complaint, Ms X’s situation has progressed. Ms X and the Council confirmed that Ms X has applied for a mutual transfer and this is progressing.
9. I asked Ms X whether she wished to progress her complaint about the Council’s refusal to transfer her to another property. Ms X clarified she wanted to pursue a complaint about the Council’s handling of her mutual exchange. This was because it was not progressing in a timely manner.
10. An investigation is not proportionate because it is unlikely we would find fault with the Council’s decision to refuse her request for a property transfer. The Council explained its reasons why and explained it was because there was insufficient evidence to support her claim of anti-social behaviour.
11. In addition, the matter has since progressed as Ms X has now applied for a mutual exchange and this process is ongoing. I note Ms X is unhappy with how the Council is dealing with this process and wants the Council to progress it quicker. However, this is a new complaint matter. Therefore, the Council must first be given the opportunity to consider and respond to the complaint.

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Final decision

12. We will not investigate Ms X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman