The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s decision on eligibility for a home loss payment. This is because we have no jurisdiction to consider this complaint, because the Council made its decision while it was acting as a registered social landlord.
The complaint
Mrs X made a complaint on behalf of her mother (Miss Y). Mrs X said the Council were wrong to decide Miss Y, who as a tenant, was not entitled to a home loss payment after she had to move out of her home. Mrs X said the Council’s decision caused her distress and has meant Miss Y has lost out financially.
The Ombudsman’s role and powers
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)
How I considered this complaint
I considered information provided by Mrs X and I considered the Ombudsman’s Assessment Code.
Final decision
We cannot investigate Mrs X’s complaint because the Council decided Miss Y was not eligible and it made its decision here as a registered social landlord, and the law does not allow us to investigate the Council’s actions here.
Investigator's decision on behalf of the Ombudsman