The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council has dealt with Mr X’s application for rehousing. This is because Mr X already has the highest priority for rehousing and further consideration of his complaint would not result in a different outcome.
The complaint
Mr X complains the Council has failed to move him to alternative accommodation due to the condition of his home. Mr X says the repairs the Council has carried out have not resolved the issues he is experiencing. Mr X says the repair issues are causing long term health issues for his family.
The Ombudsman’s role and powers
The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6)) 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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X is a Council tenant. We cannot investigate the way the Council has dealt with repair issues at his property as this is a complaint about the management of social housing. Mr X may complaint to the Housing Ombudsman.
The Council has awarded Mr X the highest priority on his housing application for medical needs. There is no higher banding in the Council’s policies so any consideration of his current housing conditions would not result in a higher banding or Mr X being rehoused more quickly. Further consideration of Mr X’s complaint would not lead to a different outcome and so we will not investigate this complaint.
Final decision
We will not investigate Mr X’s complaint because further consideration of his complaint would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman