Summary: We cannot investigate Mr B’s complaint about the Council’s refusal of his request for a home loss payment after he was required to leave his property. This is because we cannot investigate complaints about the management of social housing by a council in its role as a social landlord.

The complaint

1. Mr B, who is a secure Council tenant, complains the Council has refused to pay him a home loss payment after he was required to move out of his property to alternative Council accommodation. Mr B says he is entitled to this payment and the Council’s handling of both his request and subsequent complaint has caused him significant distress.

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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.
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 B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr B’s complaint about the Council’s handling of his move to alternative Council accommodation is about the Council’s management of his tenancy as a social landlord. We cannot investigate complaints about the management of social housing by a council acting as a social landlord.
7. This restriction to our powers applies to complaints, like Mr B’s complaint, which are about the handling of decants and requests for home loss payments.
8. This means we cannot investigate this complaint and have no discretion to start an investigation.

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Final decision

9. We cannot investigate Mr B’s complaint because it is about the management of social housing by the Council as a social landlord.

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Investigator's decision on behalf of the Ombudsman