Summary: We will not investigate Miss X’s complaint about repairs and a housing application banding decision. We have no remit to consider complaints about the Council’s role as a provider of social housing. And it would be reasonable for Miss X to ask the Council to reassess her banding decision.

The complaint

1. Miss X raises concerns about severe mould, damp, unsafe garden slabs and overcrowding in her council property.
2. She says her and her family’s health has been affected. She wants an urgent inspection to remedy the outstanding repairs and wants her housing application banding reassessed urgently.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. 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:

• 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))

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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. Ms X complains about the Council’s handling of repairs issues in her council property and the banding decision of her housing application. Matters relating to the condition of the property and the landlord’s response to repairs fall primarily within the remit of the Housing Ombudsman so we cannot investigate any aspect of repairs issues.
9. Turning to the Council’s banding decision, Miss X is unhappy the Council has placed her in Band C for overcrowding reasons. However, I note the Council has considered Miss X’s housing circumstances. It has also advised her of the pathway for a banding reassessment by way of a mobility assessment plus provision of any additional evidence.
10. We will not investigate. We have no power to consider Miss X’s complaint about the condition of her property. And it would be reasonable for her to ask the Council for a reassessment of the banding decision with any new evidence.

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Final decision

11. We will not investigate Miss X’s complaint because we have no powers to consider complaints about the Council’s role as a provider of social housing. And it would be reasonable to expect Miss X to ask for a reassessment of the banding award with any additional evidence.

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Investigator's decision on behalf of the Ombudsman