Welwyn Hatfield Borough Council (25 012 222)

Category : Housing > Allocations

Decision : Closed after initial enquiries

Decision date : 10 May 2026

The Ombudsman's final decision:

Summary: We cannot investigate this complaint about the Council’s handling of disrepair in Miss X’s council-rented home. We have no jurisdiction to investigate complaints about the management of council tenancies. We will not investigate the Council’s assessment of Miss X’s priority on its housing register. There is insufficient evidence of fault which would warrant an investigation.

The complaint

  1. Summary: Miss X complained about the Council’s failure to deal satisfactorily with disrepair in her home which is rented from the Council. Miss X is disabled, pregnant, and thinks the house is unsuitable for her medical needs. She wants a 2 bed bungalow due to her disability needs and compensation for costs associated with flooring repair.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  2. 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

  1. I considered information provided by the Complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Miss X complained to the Council about unsuitable housing in early 2025; the Council accepted her application and awarded her band B priority on its register. They investigated her request for a 2-bedroom property and the medical assessment did not support the need for a larger property and suggested that her care needs could be met at the current property.
  2. We may not find fault with a council’s assessment of 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.
  3. Miss X complained to the Council about several issues of disrepair since she moved in, including staining, water damage, broken bathroom amenities, damaged ceiling and flooring.
  4. The Council’s inspection found no such damage could be identified. The work order they raised to trace the source of the leak found the leak was an old one and there was no damp. The inspection found no mould was present and there was no repair request for a ceiling collapse.
  5. Miss X is a council tenant. Her complaint is about the Council’s management of her property in its role as a social landlord. We cannot investigate complaints about the management of social housing by a council acting as a social landlord.

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Final decision

  1. We cannot investigate this complaint about disrepair in a social rented property. We have no jurisdiction not investigate complaints about the management of tenancies by social housing landlords. We will not investigate the Council’s assessment of Miss X’s priority on its housing register. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman

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