Summary: We cannot investigate Mr X’s complaint about disrepair in his social housing tenancy. The law says we cannot investigate the management of social housing. We will not investigate Mr X’s complaint about his priority for a move to a new home. There is not enough evidence of fault in the Council’s actions to justify investigation.

The complaint

1. Mr X complained that the Council failed to address significant disrepair in his home and has failed to move him to a home that meets his needs despite being on its housing register for many years.

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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))
5. 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 Government Act 1974, section 34(3), as amended)

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How I considered this complaint

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

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My assessment

8. We cannot investigate Mr X’s complaint about the Council’s handling of disrepair in his home for the reason set out in paragraph three.
9. We will not investigate Mr X’s complaint about his priority for a move to a new home. The Council accepts that Mr X is statutorily overcrowded. It has awarded him priority under its allocations policy to reflect that. It has considered whether to treat Mr X under its exceptional circumstances panel and decided not to. There is no evidence of fault in how the Council made the decision and so we cannot question the outcome.

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Final decision

10. We cannot investigate part of Mr X’s complaint because the law says we cannot investigate the Council when it acts as a landlord. There is not enough evidence of fault in the other part of the complaint.

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Investigator's decision on behalf of the Ombudsman