The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council requiring Miss X to give four weeks notice to end a tenancy. The law says we cannot investigate the Council’s actions as a landlord of social housing. We will not investigate how the Council dealt with the offer of the property and Miss X’s application for housing on surrendering the property. This is because there is not enough evidence of fault in the Council’s actions to justify investigation.
The complaint
Miss X complains about the Council’s action when she was offered a property through its housing register. In particular she says the Council: pressured her to accept the property and did not give her enough time to make a decision; required her to pay rent on the property for four weeks after she returned the keys; and deferred her application for six months, meaning she could not bid on other properties.
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) We investigate 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 continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X’s child has needs arising from a disability. She successfully bid on a property on the Council’s housing register. She viewed the property with support from her parent and an Occupational Therapist (OT) from the Council to check it could meet her child’s needs.
Miss X says the Council did not give her enough time to make a decision about whether to accept the property and pressured her into accepting it. We will not investigate this complaint. Although I appreciate it is a big decision, it is usual for councils to give a short timescale to view and accept an offer to ensure it addresses housing needs and minimises the time the property is empty. Miss X viewed the property on a Thursday and signed the tenancy the following Monday. The OT confirmed the property met the child’s needs. There is not enough evidence of fault in the Council’s actions to justify investigating.
We cannot investigate Miss X’s complaint that she has to pay four weeks rent on the property despite giving notice less than two days after signing the tenancy. Once Miss X signed the tenancy, the Council was her landlord. The law says we cannot investigate how the Council manages its social housing. This includes matters about rent and serving of notices.
We will not investigate Miss X’s complaint about the Council not allowing her to join the housing register for six months after accepting the property. This is in line with its allocations policy and there is not enough evidence of fault in its actions to justify investigating.
Final decision
We cannot investigate Miss X’s complaint because the law says we cannot investigate the Council’s management of its social housing stock. We will not investigate her complaint about the housing register because there is not enough evidence of fault.
Investigator's decision on behalf of the Ombudsman