Summary: We cannot investigate this complaint about the Council’s failure to resolve disrepair issues with Miss C’s social housing. We have no power to investigate complaints about the Council acting in its capacity as social landlord. We will not investigate Miss C’s more recent complaint because it is premature.

The complaint

1. Miss C is a council tenant.
2. Mrs X complains, on behalf of Miss C, the Council:
1. failed to resolve critical repairs, which affected Miss C’s health and safety;
2. failed to permanently transfer Miss C to alternative accommodation; and,
3. provided an unsatisfactory response to her complaints.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
6. The Courts have said we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. Miss C is a council tenant.
10. Mrs X has complained to us, on behalf of Miss C, about the Council’s failure to complete critical repairs connected with several back surges of raw sewage in Miss C’s social housing. She complains the Council should permanently transfer Miss C to different accommodation because it has failed to carry out necessary safety checks at the property. These complaints concern the Council’s actions as Miss C’s social housing provider (“SHP”). It is not within our remit to investigate these complaints. If Miss C wishes to pursue the matter further, she may wish to make a complaint to the Housing Ombudsman. The Housing Ombudsman deals with complaints about disrepair in social housing and they will reach their own decision about whether the complaint falls within their jurisdiction.
11. It follows we cannot separately investigate the way the Council has responded to Miss C’s complaints about the disrepair issues, which includes any dispute over the remedy offered to her by the Council. 
12. Mrs X complains the Council should permanently transfer Miss C to alternative accommodation based on medical grounds. We will not investigate this complaint as it is premature. The Council told me, in March 2025, it refused Miss C’s transfer request. This was because the Council decided Miss C and her husband did not have a severe health or mobility issue that was severely adversely affected by the accommodation, meaning they did not fall within a reasonable preference group. Mrs X has requested a review of this decision. The Council expects to complete its review in August. If Miss C is unhappy with the Council’s review decision, she may wish to consider making a further complaint to the Ombudsman.

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Final decision

13. We cannot investigate this complaint about the Council’s failure to resolve disrepair issues with Miss C’s social housing. We have no power to investigate complaints about the Council acting in its capacity as social landlord. We will not investigate Miss C’s more recent complaint because it is premature.

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Investigator's decision on behalf of the Ombudsman