The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s failure to resolve pest and damp issues with Miss Y’s social housing and to promptly decant her to alternative accommodation. We have no power to investigate complaints about the Council acting in its capacity as social landlord. We will not investigate Miss Y’s more recent complaint because it is premature.
The complaint
Miss Y, a Council tenant, complains the Council: failed to resolve mould, damp and pest infestations issues in her social housing; failed to decant her to alternative social housing; and, failed to urgently rehouse her based on the impact her accommodation is having on her health.
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) 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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss Y is a council tenant.
Miss Y has complained to us about the Council’s failure to resolve mould, damp and pests in her social housing. She has complained about the Council’s failure to temporarily decant her to alternative social housing while it resolved these issues and completed works on her lift. These complaints concern the Council’s actions as her social housing provider (“SHP”). It is not within our remit to investigate these complaints. I understand Miss Y has already complained to the Housing Ombudsman service about these matters, which is the appropriate body to investigate complaints about the Council acting as her SHP.
Miss Y complains the Council should urgently carry out a management transfer. We will not investigate this complaint as it is premature. At the time of the Council’s stage two complaint response of January 2025, its management transfer panel had not yet decided on her request to move based on the impact her housing situation was having on existing medical conditions. If Miss X is unhappy with the panel’s decision, she may wish to consider making a further complaint to the Ombudsman, after exhausting any review rights with the Council.
Final decision
We cannot investigate Miss Y’s complaint about the Council acting in its capacity as a social landlord. This is because we have no jurisdiction to do so. We will not investigate Miss Y’s complaint about the Council’s handling of her management transfer request as this is premature.
Investigator's decision on behalf of the Ombudsman