Summary: We will not investigate this complaint about the suitability of accommodation offered under the Council’s homelessness duty. It was reasonable for Miss X to use the review/appeal procedure offered by the legislation to challenge the Council’s decision. We cannot investigate complaints about repairs from tenants of social housing landlords.

The complaint

1. Miss X complained about the Council offering her accommodation under its homelessness duty which she says was not suitable for her medical needs at the time. She also complained about repairs which have occurred since she accepted the tenancy in 2024 and the assessment of her housing transfer application.

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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:

• there is not enough evidence of fault to justify investigating, or
• it would be reasonable for the person to ask for a council review or appeal.

(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 the complainant and the Council’s responses. I have also considered the Council’s housing allocations policy.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X says the Council failed to properly consider her medical conditions when it offered her a property with stairs under its homelessness duty. The Council says it carried out 3 separate medical assessments in 2024 before she was made the offer. These did not indicate that she had a need for ground floor accommodation.
7. Miss X accepted the offer in November 2024 but subsequently submitted a review of suitability request under s.202 of the Housing Act 1996. The Council rejected this because it was received outside the specified timescale for reviews. We would expect someone to challenge suitability of accommodation by using the review and appeals procedure offered by the legislation. We cannot determine if the accommodation was suitable.
8. Miss X has reported repair problems with her home since she moved in and has submitted an application to transfer. We cannot investigate complaints about repairs in accommodation managed by social housing landlords. The Council has referred Miss X to the Housing Ombudsman service with regard to these problems.
9. Miss X says her latest medical assessment based on her new circumstances placed her in Band C with ground floor access. She says this is not high enough priority for her to have a reasonable chance of moving soon. The Council’s allocations policy identifies persons with her needs as being eligible for Band C. We may not find fault with a council’s assessment of a housing application/ a housing applicant’s priority if it has carried this out in line with its published allocations scheme. We recognise that the demand for social housing far outstrips the supply of properties in many areas.

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Final decision

10. We will not investigate this complaint about the suitability of accommodation offered under the Council’s homelessness duty. It was reasonable for Miss X to use the review/appeal procedure offered by the legislation to challenge the Council’s decision. We cannot investigate complaints about repairs from tenants of social housing landlords.

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Investigator's decision on behalf of the Ombudsman