Summary: Ms C complains about the Council’s decision she did not qualify for a payment under its Transfer Incentive Scheme. The Ombudsman has ended his involvement as he does not have the power to investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider.

The complaint

1. The complainant, whom I shall refer to as Ms C, complains about the Council’s decision she did not qualify for a payment under its Transfer Incentive Scheme.

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The Ombudsman’s role and powers

2. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
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 read the papers provided by Ms C and discussed the complaint with her. I have explained my draft decision to Ms C and the Council and provided an opportunity for comment.

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What I found

5. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. The Local Government and Social Care Ombudsman (LGSCO) will consider complaints that concern the handling of a housing allocation under Part 6 of the Housing Act 1996.
6. All Local Housing Authorities are required to have a published allocation scheme which sets out how they assess and prioritise applications for housing.  Local housing authorities are required to give ‘reasonable preference’ to certain categories of people:

• an applicant has become homeless
• an applicant is occupying unsanitary/overcrowded housing, or living in unsatisfactory housing conditions
• an applicant needs to move on medical, welfare grounds or due to disability or needs to move to a particular area to avoid hardship

7. The allocation scheme should set out how these groups will be given ‘reasonable preference’ as well as any local priorities.
8. The LGSCO will therefore consider complaints concerning:

• direct applications to a Local Housing Authority for housing
• applications from a tenant for a transfer if they fall within one of the ‘reasonable preference’ categories

9. The Housing Ombudsman considers complaints about applications for a transfer that are made for any other reason ie outside Part 6 of the Housing Act 1996.
10. Ms C’s transfer application was to downsize rather than a ‘reasonable preference’ reason as set out above.

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Final decision

11. I have ended our investigation into the complaint as it is caught by the restriction outlined at paragraph 3 above.

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Investigator's decision on behalf of the Ombudsman