Summary: We will not investigate this complaint about Housing allocations. The Council have offered a suitable remedy.

The complaint

1. Miss X complains the Council:
• Failed to relocate her following domestic abuse.
• Placed her household in a property not suitable for their needs.
• Housed her in a property which is hazardous.
• Did not explain a tenancy agreement before asking her to sign it.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)
4. 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
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

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

5. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Miss X lives in a two-bedroom temporary accommodation property with her two disabled children. The property is owned and managed by the Council but is not in the borough. Miss X was placed there in 2021 due to a risk of violence in the Councils area.
9. In January 2024, Miss X sought assistance for domestic abuse following an incident inside the property.
10. Miss X complains the Council have failed to move her to a property in an area she is not at-risk in. Miss X also complains the property is not suitable for her family.
11. The Council have shown they have explored other out of borough options but explained they do not have alternative stock outside the area Miss X is at risk in. The Council suggested Miss X approach another council, but Miss X did not do this due to the significant time she had already been waiting and not wanting to lose her eligibility date.
12. The Council have told Miss X of her right to request a suitability review of the property. It is open to Miss X to request a suitability review if she feels the property is not suitable.
13. The Council must offer housing in line with its policy. The Council have shown they are taking reasonable steps to find out of borough accommodation. There is not enough evidence of fault in the Council’s application of their policy to justify investigating. We also cannot achieve the outcome Miss X wants.
14. Miss X also complains of poor conditions within the property.
15. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. If Miss X wishes to pursue the matter further, she may wish to make a complaint to the Housing Ombudsman. The Housing Ombudsman deals with complaints about disrepair in social housing and they will reach their own decision about whether the complaint falls within their jurisdiction.
16. In November 2024 the Council advised Miss X she would no longer be eligible for housing benefit and she would need to apply for help with her rent through universal credit. The Council asked Miss X to sign a tenancy contract. The contract was needed so Miss X could use it as evidence in her universal credit application.
17. Miss X complains the Council did not explain the contract to her. She says this caused her to lose her housing benefit and will prevent her from finding permanent accommodation.
18. The Council explained to Miss X the contract has no effect on her position on the housing register and will not affect her securing permanent accommodation. The Council say the contract was required so Miss X could claim help with her rent through universal credit.
19. The Council have apologised for not providing information in way Miss X understood. The Council have offered Miss X a symbolic remedy of £400. This is a suitable remedy in line with our guidance.

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Final decision

20. We will not investigate Miss X’s complaint. The Council have offered a suitable remedy.

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Investigator's decision on behalf of the Ombudsman