Summary: We will not investigate this complaint about how the Council considered Mr X’s housing register application. There is not enough evidence of fault to justify an investigation. We do not have the power to investigate how the Council dealt with Mr X’s complaints about mould and damp in his property.

The complaint

1. Mr X complains that the Council failed to properly consider his history of complaints about mould and damp and his family’s medical evidence when considering his request for a review of his housing priority. Mr X says that as a result the Council did not award sufficient housing priority to enable him and his family to move from their property. Mr X considers his property to be unsafe and uninhabitable for his medically vulnerable family.
2. Mr X also complains about how the Council dealt with his complaints of mould and damp in his property which he considers contributed to his family’s worsening health.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local
4. 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))
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)

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How I considered this complaint

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

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My assessment

8. Mr X is a council tenant. Mr X requested a housing transfer as he and his family are overcrowded and due to mould and damp in his property. The Council awarded band B priority for overcrowding and medical needs. Mr X requested a review of this decision as he considered the Council should award band A priority because of the effect of mould and damp on his family’s health.
9. The Council considered Mr X’s review request. It did not increase Mr X’s priority from band B to band A.
10. We are not an appeal body so we do not come to our own view on what housing priority should be awarded. Our role is to consider if the Council has followed the proper processes when making its decision.
11. We will not investigate Mr X’s complaint. The Council’s letter notifying Mr X of its review decision sets out the evidence considered, including the medical evidence provided by him. It also addressed Mr X’s reasons for wanting band A and considered the views of the medical professionals. The Council set out its reasons for why it did not consider band A should be awarded.
12. Mr X considers the Council did not take account of the long history of complaints about mould and damp at his property. But the Council’s decision letter shows it considered the issues of mould and damp at the property when making its decision. Mr X also considers the Council misrepresented the opinions of medical professionals. We do not consider the Council’s interpretation of the evidence to be sufficiently flawed to justify an investigation. Mr X also says the Council did not place enough weight on the medical evidence. The Council considered the evidence, and it is a matter for the Council to decide what weight to place on it.
13. So, there is not enough evidence of fault in how the Council reached its decision not to award band A to justify an investigation.
14. Mr X also raised concerns about how the Council dealt with his reports of mould and damp over several years and the costs of running extractor fans. We do not have the power to investigate these complaints. This is because they are about how the Council has managed Mr X’s property in its role as a social landlord.

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Final decision

15. We will not investigate Mr X’s complaint as there is not enough evidence of fault to justify an investigation. We also cannot investigate Mr X’s complaints about how the Council dealt with mould and damp in his property. We do not have the power to investigate complaints about how councils manage properties in its role as a landlord.

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Investigator's decision on behalf of the Ombudsman