Summary: We will not investigate this complaint that the Council has not provided the complainant with a new home even though her flat is too small and there is disrepair. This is because there is insufficient evidence of fault by the Council and we cannot investigate issues which relate to a council’s role as a landlord.

The complaint

1. The complainant, Ms X, complains the Council will not move her to a larger home even though there is damp in the property. Ms X wants the Council to provide a new home.

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The Ombudsman’s role and powers

2. 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 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))
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 considered information provided by Ms X and the Council. This includes the complaint correspondence, information about the repairs, and the lettings policy. I also considered our Assessment Code.

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My assessment

5. Ms X is a Council tenant. She lives in a one bedroom flat. In 2024 she applied to join the housing register because she had had a baby and needed a larger home. Ms X also reported damp and ants.
6. The Council accepted the housing application and placed Ms X in band C because she needs another bedroom. The Council also contacted the repairs team.
7. Ms X asked the Council to move her and/or place her in a higher band due to the lack of space and disrepair. She said the conditions in the flat were making them ill.
8. The Council said it only awards more priority on the housing register if there is a category one hazard (disrepair) that cannot be resolved in a reasonable time. It also said Ms X had not provided medical evidence which said the flat was causing ill health. The Council said band C is the correct band and there was no evidence she is eligible for bands A or B.
9. The Council completed external repairs to deal with the damp. The Council told me there are outstanding internal repairs as it has not been able to arrange access with Ms X.
10. Ms X needs a larger home but the Council can only offer alternative accommodation if she makes a successful bid. I appreciate the lack of social housing means this will probably take a long time. I have checked the lettings policy and band C is the correct band and there is nothing to indicate Ms X would qualify for a higher band. The repairs have been completed and there is no evidence of a category one hazard that the Council cannot fix. And, there is no medical evidence to show Ms X would qualify for a higher band. The Council only offers a management move when there are repairs that cannot be resolved and significant medical issues; there is no evidence this threshold has been met in this case.
11. We have no power to investigate a council when it is acting as a landlord. For this reason, I cannot investigate any complaint Ms X may have about the way the Council responded to her reports of disrepair and ants.

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Final decision

12. We will not investigate this complaint because there is insufficient evidence of fault by the Council and because we cannot investigate a council when it is carrying out functions as a landlord.

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Investigator's decision on behalf of the Ombudsman