Summary: We will not investigate this complaint about the Council’s decision not to increase Ms X’s priority on the housing register as there is not enough evidence of fault to justify an investigation. We cannot investigate Ms X’s complaint about the Council’s delay in dealing with disrepair in her property. We do not have the power to investigate a council when it is acting as a social landlord.

The complaint

1. Ms X complains that the Council:

• Refused to increase her priority on the housing register despite overcrowding and the condition of her property affecting her children’s health.
• Delayed in dealing with disrepair in her property which is causing the property to be cold and damp and affecting her children’s health

Ms X considers that, as a result, she and her children have lived in an unsuitable property for longer than necessary.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. We provide a free service, but must use public money carefully. We do not start or continue 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, or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

4. 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

5. I considered information provided by Ms X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms X is a Council tenant and is on the Council’s housing register as she wants to move to another property. Ms X requested a reassessment of her housing priority as she considered she was overcrowded and due to the condition of her property which she said was affecting her children’s health. The Council placed Ms X in priority band 3T as it considered she was overcrowded by two bedrooms.
8. Ms X requested a review of this decision. Ms X attended a meeting with an officer as part of the review to raise her concerns with her housing. The Council decided that Ms X should remain in band 3T. In its letter notifying Ms X of the decision, the Council set out the evidence it considered when conducting the review and the factors it had considered. These included Ms X’s concerns about the condition of her property, the overcrowding and whether there were health and welfare related grounds to increase her priority.
9. We are not a right of appeal and we do not come to our own view on what housing priority should be awarded to an applicant. Our role is to consider if the Council has followed the proper process when making its decision.
10. The Council’s decision letter shows it considered Ms X’s reasons for wanting increase priority. These included Ms X’s concerns about the impact of the condition of her property and overcrowding on her children. The Council’s letter provides a reasoned explanation for why it did not consider there were grounds to increase Ms X’s priority. So, there is insufficient evidence of fault to justify investigating Ms X’s complaint.
11. The Council acknowledged it delayed in dealing with Ms X’s review in its decision letter. The Council apologised for the delays which is a proportionate remedy for any distress caused to Ms X by the delay.
12. Ms X complained to the Council about her windows being in disrepair and about pests in her property. We cannot investigate Ms X’s complaint about how the Council dealt with her complaints of disrepair. Ms X is a Council tenant and her complaint concerns the Council’s actions as her landlord. We do not have the power to investigate the Council’s actions as a social landlord.

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Investigator's decision on behalf of the Ombudsman