Summary: We cannot investigate Mr X’s complaint about delays in repairs before a property could be let. We do not have the power to consider complaints about the provision or management of social housing by a council acting as a registered social housing provider.

The complaint

1. Mr X complains the Council delayed rehousing his family after offering them a property which required repairs. He says delays in completing works and poor communication delayed his move into permanent accommodation and left his family in unsuitable temporary accommodation for longer than necessary.

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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. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

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

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My assessment

7. The complaint arises from delays in completing works to a Council social housing property before it could be let. Those works fall within the Council's role as a registered social housing provider.
8. The law prevents us from investigating complaints about the provision or management of social housing by a council acting as a registered social housing provider. Complaints about delays in repairs or other works required before a social housing property can be let fall within the jurisdiction of the Housing Ombudsman. We have no power to investigate this aspect of Mr X's complaint.
9. Mr X also complained about the suitability of the temporary accommodation he occupied while waiting for the property. I have seen no evidence Mr X requested a statutory suitability review. If Mr X felt the property was not suitable, it would have been reasonable for him to use the review process and subsequent appeal rights. For this reason, we will not investigate this part of the complaint.

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Final decision

10. We cannot investigate Mr X’s complaint. We do not have the power to consider complaints about the provision or management of social housing by a council acting as a registered social housing provider.

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Investigator's decision on behalf of the Ombudsman