London Borough of Islington (24 009 815)

Category : Housing > Homelessness

Decision : Closed after initial enquiries

Decision date : 19 Nov 2024

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s failure to process a management transfer application. We cannot investigate complaints about the actions of a social housing landlord.

The complaint

  1. Ms X complained about the Council’s failure to confirm that she has been accepted for a management transfer and when she is likely to receive any offers of accommodation. At present she is staying with friends following her being unable to return to her original tenancy.

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The Ombudsman’s role and powers

  1. 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

  1. I considered information provided by the complainant and the Council’s response.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Ms X says she was unable to return to her home following an attack there in 2023. She applied to the Council for a management transfer to another property and also completed a homeless application. The Council offered her temporary accommodation under its homelessness duty.
  2. Miss X accepted the offer but told the Council she had to reject it when she identified the location as being in an area where she was unsafe. She opted to stay with friends in her local area whilst her management transfer was arranged.
  3. In March 2024 she complained about the time it was taking and the Council informed her that she should withdraw her homelessness application because she could not apply for a transfer as a tenant and be subject to homelessness duties at the same time. Ms X took some time to respond because she wished to verify the reasons offered by the Council. Shre then made a complaint about the delay and complained to us.
  4. Management transfers are not allocations within the Housing Act 1996 allocations procedure which covers allocations made under a council’s published allocations policy. They are discretionary deciosn made by a social housing landlord and do not carry statutory review rights. Since 2013 our jurisdiction only covers allocations under Part Vl of the Housing Act 1996.
  5. For these reasons we cannot consider Ms X’s complaint further.

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Final decision

  1. We will not investigate this complaint about the Council’s failure to process a management transfer application. We cannot investigate complaints about the actions of a social housing landlord.

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Investigator's decision on behalf of the Ombudsman

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