Summary: Miss X complained about the Council’s failure to repair her home or offer her suitable alternative accommodation. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

The complaint

1. The complainant, whom I shall call Miss X, complains about the Council failing to repair her home and not offering her suitable alternative accommodation.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended)

3. 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)

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How I considered this complaint

4. I have considered all the information which Miss X submitted with her complaint. I have also considered the Council’s response and Miss X has commented on the draft decision.

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What I found

5. Miss X lives in a Council property which is in a poor state of repair due to subsidence. Because of this the floors are uneven and the walls are badly cracked. The Council says it would offer Miss X a decant to another property but that she is not in favour of this because she does not wish to move twice. As a result, Miss X was allowed to bid on the transfer list for another property suitable for her needs.
6. Miss X is in Band 1 which is the highest priority. She requires a 2-bedroom bungalow large enough for future wheelchair adaptation. However, there is no timescale for when a suitable vacancy will arise or how many other applicants may have similar priority for it.
7. The Ombudsman cannot investigate complaints about disrepair in council properties or the behaviour of social housing landlords. This falls within the remit of the Housing Ombudsman Service to whom Miss X has already complained.
8. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached.
9. We can only consider how Miss X’s application for a transfer has been assessed. We cannot question decisions taken by a council if they were taken properly and fairly. It may be the case that Miss X needs to move urgently, but there are other applicants who may have an even greater need. We will not find fault if the Council has followed proper procedures, relevant legislation and guidance and taken account of all the information provided.

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Final decision

10. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman