Summary: We will not investigate this complaint about the Council requiring Ms X to return to her Council home following repair work whilst she was in emergency accommodation. We cannot investigate complaints about the management of social housing tenancies.

The complaint

1. Ms X says her Council rented home was in poor condition and unsuitable for her family’s needs. The Council moved her out to emergency rented accommodation in 2021 whilst it carried out structural work. The work is complete and the Council has told her she must return to her tenancy and give up the emergency accommodation. Ms X says she would prefer to remain in the accommodation or be rehoused elsewhere by the Council.

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The Ombudsman’s role and powers

2. 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

3. I considered the information provided by the complainant and the Council’s responses.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X was decanted from her Council rented home in 2021 to emergency accommodation. She remains the tenant of her permanent residence and the Council has returned her belongings from storage to her home and says it will take action to evict her from the emergency accommodation. She only currently occupies the emergency accommodation on a temporary licence basis.
6. We cannot investigate complaints about social housing tenancies, including decants to other properties during repairs. Ms X remains a Council tenant and could complain to the Housing Ombudsman service which is the body responsible for dealing with complaints about tenancy matters and decants.
7. Ms X is on the Council’s housing register and has Band 1 priority for a five-bedroom property. As this is the highest banding available for her circumstances she cannot expect to have her application reviewed for a higher banding.

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Final decision

8. We will not investigate this complaint about the Council requiring Ms X to return to her Council home following repair work whilst she was in emergency accommodation. We cannot investigate complaints about the management of social housing tenancies.

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Investigator's decision on behalf of the Ombudsman