The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s failure to move a tenant to alternative social housing due to disrepair. This is because we have no power to investigate complaints about the Council acting in its capacity as a social housing landlord.
The complaint
Ms X, a social housing tenant, complains that the Council has delayed by over ten months to move her to alternative social housing after it decided her current accommodation was dangerous to live in.
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 the complainant.
I considered the Ombudsman’s Assessment Code and the Council’s Housing Allocations Scheme (from January 2025).
My assessment
Ms X is a council tenant. She had complained to the Council in its capacity as her social housing provider. In November 2024, the Council told her to apply to join the Council’s housing register in order to move properties. It told her that once she joined it would update the Council that she needed a priority move due to disrepair.
Ms X has complained to us about the Council’s actions as her social housing provider (“SHP”) and about its failure to send on reports to the Council’s housing team. It is not within our remit to investigate these complaints. The Housing Ombudsman service is the appropriate body to investigate complaints about the council acting as a SHP.
Final decision
We cannot investigate this complaint. This is because we have no power to investigate complaints about the Council acting in its capacity as a social housing landlord.
Investigator's decision on behalf of the Ombudsman