Summary: We will not investigate this complaint about the Council’s handling of a council tenancy transfer and a request for housing. We cannot investigate complaints about tenancy management by social landlords. There is insufficient evidence of fault in the handling of the housing request.

The complaint

1. Mr X complains about the Council’s handling of the transfer of his council tenancy. He says this has caused him difficulty and he would like the Council to rehouse him, taking his past circumstances into account.

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

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How I considered this complaint

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

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My assessment

7. Mr X says he transferred his tenancy to his former partner in 2017. He says the Council did not explain how this would affect his housing position.
8. The restriction in paragraph 3 prevents us from investigating actions the Council takes in managing a tenancy.
9. Mr X asked the Council to rehouse him. The Council provided information explaining how he could apply for housing. I have seen insufficient evidence of fault in the way it responded to his request to justify an investigation. It is open to Mr X to apply to join the Council’s housing register.

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Final decision

10. We will not investigate Mr X’s complaint. We cannot investigate complaints about tenancy management by social housing landlords. There is insufficient evidence of fault in the handling of the housing request.

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Investigator's decision on behalf of the Ombudsman