Summary: We will not investigate this complaint about the Council’s assessment of a housing transfer application. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Summary: Mr X complained that the Council failed to provide him with sufficient priority after assessing his transfer applciation. Consideration to his medical needs, and failed to address disrepair issues in his current Council-rented home.

The Ombudsman’s role and powers

2. 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
• further investigation would not lead to a different outcome; or
• it would be reasonable for the person to ask for a council review or appeal.

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

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)

How I considered this complaint

3. I considered information provided by the Complainant and the Council. I have also considered the Council’s housing allocations policy.
4. I considered the Ombudsman’s Assessment Code.

My assessment

5. Mr X has lived in Council property since 2014. He submitted a housing application to the Council for medical priority in August 2024, on the basis that his property was unsuitable for his medical needs.
6. The evidence suggests that the Council considered the information Mr X provided on his self-assessment form and all the supporting documents. It decided that his property was suitable, and he did not qualify for any banding on the Council’s housing register. Mr X was directed to the repairs team in relation to any disrepair issues.
7. Mr X’s complaint to us relates to the unsuitability of his current property. The Council’s decision letter was sent to Mr X on 4 December 2024. He had the right to request a formal review of the Council decision within 21 days.
8. There is insufficient evidence of fault to justify an investigation. Mr X states in his ‘Formal Appeal Against “No Placement in Band” Decision’ letter that his appeal was submitted outside of the usual 21-day period. It was reasonable to expect Mr X to have sought a review within the required timeframe.
9. We are not an appeal body. It is not our role to say whether the Council’s decision was correct. Unless there was fault in the Council’s decision-making process, we cannot comment on the decision reached. The law says councils must allocate social housing in line with their published allocations scheme.
10. The evidence suggests that the Council considered the information Mr X provided about his medical conditions, circumstances, and its Allocations Policy when making its decision. There was no undue delay in making it decisions and it explained its reasons at each review. There is insufficient evidence of fault to justify us investigating further.
11. Mr X has told us that he recently suffered burns in a fire and that his medical needs have changed considerably. This will require a new medical assessment for his transfer application and we cannot pre-determine what the outcome of a new assessment may be.
12. Mr X made a formal complaint about the suitability of his home in terms of disrepair and his medical needs. The Council’s responses were related to the repair issues he raised and it stated that all the repair issue were being or had been addressed. It also gave him contact details for the Housing Ombudsman Service if he wished to challenge its responses. We have no jurisdiction to investigate complaints about the management of social housing tenancies.
13. We will not investigate Mr X’s complaint that the Council failed to properly assess his housing application. In response to Mr X’s review decision, the Council advised Mr X that he may wish to request a care needs assessment and detailed his right to request a review. There is insufficient evidence of fault to justify an investigation of Mr X’s complaint.

Final decision

14. We will not investigate this complaint about the Council’s assessment of a housing transfer application. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman