Summary: We will not investigate this complaint that the Council has ignored the complainant’s request to move. This is because there is insufficient evidence of fault by the Council and because we have no power to investigate some parts of the complaint.

The complaint

1. The complainant, Mr X, is Council tenant who says he is living in unsafe accommodation and is a victim of crime. He wants urgent re-housing.

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The Ombudsman’s role and powers

2. 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 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))
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)

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How I considered this complaint

4. I considered information provided by Mr X and the Council. I also considered our Assessment Code.

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My assessment

5. Mr X is a Council tenant. He says he is the victim of violent behaviour from criminals. He says the Council lied about a gas safety check and tried to evict him. He also says the Council ignored his request to move.
6. I have seen documents which state the police have been notified and a safeguarding alert raised. I have read the complaint correspondence which says the Council has no record of receiving a housing application from Mr X. The Council gave advice on how he can make an application.
7. I cannot investigate any matter regarding Mr X’s current tenancy because the law says we cannot investigate any matter that involves the Council acting as a landlord. The management of the gas checks, or how the Council responds to reports of criminal behaviour in the property, are housing management functions that I cannot investigate.
8. I will not investigate the complaint about the housing application because there is insufficient evidence of fault by the Council. This is because the Council has no record of receiving an application from Mr X but has told him how he can make an application and get support with the application.

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Final decision

9. We will not investigate the complaint about the housing application because there is insufficient evidence of fault. I cannot investigate the other issues because they are about housing management functions.

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Investigator's decision on behalf of the Ombudsman