Which ombudsman for social housing complaints?

The Housing Ombudsman is responsible for complaints about social housing made by tenants or leaseholders as well as some applicants for social housing This includes complaints about a local authority's (or Arms Length Management Organisation's) relationship as landlord to its tenants or leaseholders. The Housing Ombudsman also looks at complaints about housing associations.

People who are not tenants or leaseholders of social housing, but who want to complaint about how a local authority is managing social housing can complain to the Local Government and Social Care Ombudsman.

The Local Government and Social Care Ombudsman considers complaints about local authorities’ wider housing activities, for example in discharging their statutory duties in homelessness. There are areas where there may appear to be some over-lap between the jurisdiction of the two Ombudsmen. We are both able to conduct joint investigations, and work under a Memorandum of Understanding.

The following guide sets out the complaint categories that should be referred to the different Ombudsman services.

Complaints referred to the Housing Ombudsman (HOS)

Unless stated otherwise the Housing Ombudsman considers complaints about how housing associations and local housing authorities manage social housing. The Housing Ombudsman can consider complaints from:

People who are or have been in a landlord/ tenant relationship with a housing association or local authority. This includes people who hold or have held a tenancy or lease with the local authority of housing association
Applicants for properties owned by a housing association or local authority, except where this relates to a local authority’s decision to give reasonable preference to a housing applicant.
Anyone representing the above, including where the person is deceased.

The Housing Ombudsman may consider the following types of complaints:

Main issue	Things the Housing Ombudsman investigates
Leasehold services	Shared ownership and sales processes for leasehold properties owned by housing associations Shared ownership stair-casing for properties owned by housing associations Full ownership and sales processes for leasehold properties owned by housing associations Right to buy and right to acquire for tenants of housing associations Repair responsibilities under the lease Mortgage rescue schemes Leasehold services provided by the landlord
Moving to a property	Delay in repairs before a property can be let Transfer applications that are outside Housing Act 1996 Part 6 Type of tenancy offered Mutual exchange Decision to renew a fixed tenancy Decants (including those that are dealt with via (the local housing authority's) allocation policy) Mobility Schemes
Rent and service charges	Rent or service charges. Please note HOS is not able to look at the level of rent or service changes. Such a complaint may fall under the First Tier Tribunal (FTT) Property Chamber.
Occupancy rights	Terms and conditions of occupancy rights Succession Assignment Ending a tenancy (eg notice periods) Abandonment of property Possession proceedings
Property condition – repairs and improvements	Condition of the property when first let (eg void works) Responsive repairs Planned maintenance or cyclical works Improvement works carried out by landlord or tenant Rechargeable repairs Delay or failure to provide permission for disabled adaptations that have been recommended by the council Adaptation works by a member landlord where a council has not been involved Minor adaptations works carried out by a member landlord
Tenant behaviour	Anti-social behaviour Noise nuisance Harassment
Estate management	Cleaning or repairs of communal areas Boundary issues Grounds maintenance Parking linked to occupancy agreement Parking Use of communal areas
Complaint handling	The landlord’s handling of a complaint in their complaint process, including delays
Compensation	Home loss or disturbance payments Improvements carried out by the tenant Payment for damage to property or tenants' belongings Discretionary payments

Complaints referred to the Local Government and Social Care Ombudsman

The Local Government and Social Care Ombudsman considers complaints about local authorities. The Local Government and Social Care Ombudsman can consider complaints from members of the public who claim to have been caused an injustice because of fault by a local authority.

The Local Government and Social Care Ombudsman cannot consider complaints about how local authorities manage social housing if the complaint is made by a person who can complain to the Housing Ombudsman. People who are unable to complain to the Housing Ombudsman, such as people who live next to local authority social housing, can complain to the Local Government and Social Care Ombudsman.

The Local Government and Social Care Ombudsman cannot consider complaints about housing associations unless they are acting on behalf of a local authority. For example, where a housing association is providing temporary accommodation to a homeless household on behalf of a local authority.

The Local Government and Social Care Ombudsman may consider complaints about local authority housing services:

Main issue	Things the Local Government and Social Care Ombudsman investigates
Management of local authority social housing raised by people unable to complain to the Housing Ombudsman (eg. neighbours)	Leasehold services Moving to a property Property condition – repair and improvements Tenant behaviour Estate management Complaint handling
Housing allocations under Housing Act 1996 Part 6	Applications for re-housing that meet the reasonable preference criteria (dealt with by the local housing authority or any other body acting on its behalf, which could include a housing association). Includes complaints about: Assessment of such applications, the award of points, banding or a decision that the application does not qualify for reasonable preference Operation of choice-based lettings schemes and about the suitability of accommodation offered under those schemes. See fact sheets on Housing transfers and Housing applications
Homelessness under Housing Act 1996 Part 7	Applications for assistance under the homelessness legislation (dealt with by the local housing authority or any other body acting on its behalf, which could include a housing association). Includes complaints about: Homelessness advice and homelessness prevention activities How applications are dealt with and decisions about eligibility for and allocation of interim and temporary accommodation The condition or suitability of temporary accommodation. See fact sheet on Homelessness applications
General housing advice	General advice from the local authority about housing options
Condition of private rented housing	Handling of reports from tenants of private landlords about unlawful eviction, harassment, disrepair and other matters Enforcement action taken by local authorities against private landlords
Housing benefit	Handling of applications for housing benefit
Housing improvement grants	Applications for mandatory and discretionary housing improvement grants. Includes complaints about: Advice and information about adaptions and grants for all housing tenures Assessment for adaptations by or on behalf of a council Processing of and decisions about grant applications, including eligibility and entitlement Schedules of works, payment of grants and completion of works within timescales See fact sheet on Housing adaptations for people with disabilities
Antisocial behaviour	Actions/decisions to tackle antisocial behaviour except those taken by the council as a landlord
Noise nuisance	Reports of statutory noise and other nuisance to environmental health services Actions/decisions made by Environmental Health Services
Sale or disposal of land on housing estates	Applications or requests to buy parcels of land owned by local authorities Sales processes for properties owned by local authorities Right to buy and right to acquire for tenants of local authorities Requests from local authority tenants or leaseholders to purchase extensions such as hall/loft/basement space
Planning and building control at properties owned by a social landlord	Applications for planning permission Planning enforcement Applications and enforcement under the building regulations
Adult social care	Delivery of adult social care services, including that done by registered social landlords

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Complaints referred to the Housing Ombudsman (HOS)

Complaints referred to the Local Government and Social Care Ombudsman

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