Summary: We will not investigate Ms X’s complaint about the Council’s offer of her current property because there is insufficient evidence of fault in the way it considered whether it was suitable before offering it to justify our involvement. We cannot investigate those parts of her complaint that relate to the Council’s actions as registered social landlord.

The complaint

1. Ms X complained she was misled by the Council into accepting a property that was not suitable for her household. She says she was advised the property would be adapted to meet her disability needs, but the Council only completed minor adaptations, and the property remains unsuitable for her as a wheelchair user.
2. Ms X said the housing issues have meant she lost independence and had a significant impact on her physical and mental health.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
5. 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)
6. 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.

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

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How I considered this complaint

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

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My assessment

What happened

9. In July 2023, Ms X viewed a potential property with an occupational therapist (OT). The property was partially adapted as it already had a through-floor lift and wet room, but needed further adaptations, including the widening of internal doors. The OT confirmed the property could be adapted to meet Ms X’s needs as assessed in November 2022.
10. The Council offered the property in October 2023. Ms X accepted the offer and the family moved later that month. At that point Ms X became a Council tenant. Over the next three months, the Council carried out some further adaptations and addressed an issue with rising damp.
11. In April 2024, Ms X complained that she:
• could not access the garden or parts of the house independently; and
• could not access the kitchen independently as it was not adapted for a wheelchair user.
12. In October 2024, an OT assessed the adaptations needed to the kitchen to meet Ms X’s disability needs. Ms X says she was told it could take some years before the kitchen works were done. The Council carried out further works to address the accessibility issues, which were completed by the end of November 2024.
13. Also in November, an OT carried out a joint visit with a technician to measure the rooms used as bedrooms. As a result, the Council accepted one room should not be considered suitable as a bedroom, which reduced the maximum occupancy for the property to six. The Council accepted this meant the property was unsuitable because the household was short of at least one bedroom. It advised Ms X to make a further housing register application with a view to being rehoused. Ms X did not wish to move and explained her reasons. She asked the Council to consider an extension to provide an additional bedroom and wet room downstairs. The Council considered extending but decided it was not viable. It informed Ms X of its position in December 2024.
14. In July 2025, Ms X asked the Council to consider an alternative adaptation. The Council agreed and works were completed in September 2025.

My assessment

15. We usually expect people to complain to us within 12 months of the events complained about. Ms X complained to us in August 2025 about events from July 2023. In this case, the Council completed its complaints process in October 2024 and wrongly signposted Ms X to a different Ombudsman, which delayed her complaining to us. In the circumstances, I have exercised discretion to consider the whole period of the complaint.
16. The property was advertised as having three bedrooms with notes advising it was subject to the Councils “Adapt to Let” scheme. An OT viewed the property with Ms X to assess whether the property as suitable for Ms X in light of the disability needs assessed in November 2022. The OT concluded the property could be adapted to meet Ms X’s disability needs. Whilst I acknowledge further issues were identified after the family moved in, there is insufficient evidence of fault in the way the Council assessed the property’s suitability before offering it to justify further investigation.
17. The Council carried out some works in 2023 and 2024 to address damp and access issues, such as levels between rooms. It carried out that work in its capacity as Ms X’s landlord. The law says we cannot investigate complaints about the Council’s actions as a registered social landlord so we cannot consider any complaint about the Council’s delay in completing those works.
18. Ms X raised concerns about accessing the kitchen in April 2024 and an OT assessed what adaptations she needed in October 2024. The complaint to us is not about that assessment, but the Council’s delay in carrying out the works. When completing those adaptations, the Council is acting as Ms X’s landlord. This was also the case, when it decided an extension was not viable. As the Council was acting as a registered social landlord, the law says we cannot investigate these parts of the complaint.
19. After reassessing the maximum occupancy for the property in November 2024, it was appropriate for the Council to advise Ms X she could go back onto its housing register for rehousing.

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Final decision

20. We will not investigate Ms X’s complaint about the initial offer of her current property because there is insufficient evidence of fault in the way the Council assessed its suitability before making the offer to justify our involvement. We cannot investigate those parts of the complaint that relate to the Council’s actions a registered social landlord.

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Investigator's decision on behalf of the Ombudsman