Summary: The Ombudsman cannot pursue this complaint about various matters related to Miss B’s tenancy. This is because the Ombudsman does not have power to investigate complaints about the Council’s management of its social housing.

The complaint

1. Miss B complained about various matters related to her moving from one Council property to another.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. 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 Miss B provided and discussed the complaint with her. I also considered complaints correspondence between Miss B and the Council, including a copy letter I obtained from the Council. I shared my draft decision with Miss B and considered her comments on it.

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What I found

4. Miss B is a Council tenant. She moved from her previous Council property to a smaller one. Miss B’s complaint has three parts: her right to buy the new property; the ‘downsizing’ payment she received; and various concerns about the new property.

Right to buy

5. Miss B complained she had lost her right to buy by moving. The Council states Miss B still has the right to buy but the ‘cost floor’ rules apply because the Council built or bought her new home recently. This means Miss B might receive a reduced discount, or no discount, if she seeks to buy the property. When Miss B was moving home, she signed a Council document stating she understood the ‘cost floor’ rules might affect the property.
6. I do not see that Miss B lost her right to buy by moving. The move might affect the discount Miss B would receive if she uses her right to buy. That is in line with the law and the evidence suggests the Council made Miss B aware of this. I see no evidence of fault on this point so I shall not pursue it further.

Downsizing payment

7. The Council can offer a ‘downsizing’ payment to tenants who move to a smaller property. Miss B complains the Council paid her less than she understood she would receive.
8. Such payments relate to the provision and management of the Council’s social housing. When the Council makes decisions about such payments it is acting in its capacity as a registered social housing provider. So the restriction in paragraph 2 above applies. This means the Ombudsman cannot pursue this part of the complaint.

Concerns about the new property

9. Miss B complained about points concerning the new property, including: maintenance of the garden and borders; delay providing a recycling bin; paint cracking and peeling in a bedroom; the presence of an alarm spur in the hallway; access to the electricity meter cupboard; and her request for additional railings in the front garden. These points all relate to the Council’s management of its social housing so I cannot consider them.
10. Responding to a draft of this decision, Miss B reiterated her dissatisfaction with the Council’s handling of these matters. While I appreciate Miss B’s unhappiness, the law does not allow me to pursue these points.

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Final decision

11. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault on the complaint about the right to buy and the other parts of the complaint are outside the Ombudsman’s power to investigate.

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Investigator's decision on behalf of the Ombudsman