The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about the Council’s decision to remove her from the housing register. There is insufficient evidence of fault in the Council’s application of its policies. We cannot investigate Miss X’s complaint about damp and mould because we do not have the power to investigate the management of social housing.
The complaint
Miss X complains the Council removed her from the housing register after she accepted a two-bedroom property. She says she thought she would remain on the register with Band 2 priority while waiting for a three-bedroom property.
Miss X also complains about damp and mould in the two-bedroom property.
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 of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended) 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
The Council awarded Miss X Band 2 priority and assessed her as needing a three-bedroom property. Miss X later asked to be considered for a larger two-bedroom property because she did not feel able to wait for a three-bedroom property. The Council accepted this request and offered her a two-bedroom ground-floor property, which she accepted.
The Council says it closes a housing register application when an applicant accepts an offer of accommodation. A person who wants to move again must make a new application, which the Council will assess based on their circumstances at that time.
Miss X says the Council told her she could accept the property and remain on the housing register. The Council deny this. There are no case notes, call records or correspondence showing the Council agreed Miss X could remain on the register. There are also no written enquiries from Miss X about how accepting the property would affect her application, banding or priority date.
I understand Miss X believes she was told she could remain on the housing register. However, I have seen no evidence to support this. The evidence shows the Council recorded her request for a two-bedroom property and followed its usual allocations process when she accepted the offer. There is insufficient evidence of fault to justify further investigation.
The damp and mould complaint concerns the management of social housing by a registered social housing provider. As explained in paragraph 4, we do not have the power to investigate this part of the complaint.
Final decision
We will not investigate Miss X’s complaint about the housing register because there is insufficient evidence of fault. We cannot investigate her complaint about damp and mould.
Investigator's decision on behalf of the Ombudsman