The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s refusal to pass on a social housing tenancy to Mr W and its later related decision to remove discretionary additional priority. We cannot investigate complaints about the management of tenancies by social housing landlords.
The complaint
Mr Y complains, on behalf of Mr W, that the Council refused Mr W’s request to pass a social housing tenancy onto him after his parents passed away. He says Mr W had lived at the property with his parents throughout his life. He complains the Council instead offered Mr W a different property and removed his priority status under its housing allocations scheme when he did not accept the offer.
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’s representative.
I considered the Ombudsman’s Assessment Code and the Council’s Allocations Scheme (dated 25 November 2020).
My assessment
In 2022, Mr W’s parent, who was a social housing tenant, passed away. The Council refused Mr W’s request to have the tenancy changed into his name instead.
In 2023, the Council upheld its refusal decision. Its Housing Management Panel awarded Mr W additional rehousing priority because of its refusal decision. The Panel gave Mr W three months from the date it awarded him the discretionary additional priority to bid on available homes.
In early 2024, the Council made Mr W a direct offer for a property. The Council removed the discretionary additional priority when Mr W refused the offer.
The Council is a registered social housing provider. The restriction in paragraph three above prevents us investigating complaints about matters connected with the Council’s “housing activities so far as they relate to the provision or management of social housing”. This complaint centres on events related to the Council’s decision that Mr W could not succeed to the Council social housing tenancy of the family home and its decision to remove the additional discretionary priority awarded because of this decision.
These matters are all connected to the Council’s actions as a social housing provider managing its social housing. The restriction in paragraph three applies and we cannot investigate the complaint.
Final decision
We cannot investigate this complaint about the Council’s refusal to pass on a social housing tenancy to Mr W and its later decision to remove discretionary additional priority. We cannot investigate complaints about the management of tenancies by social housing landlords.
Investigator's decision on behalf of the Ombudsman