Summary: We will not investigate this complaint about disrepair issues at Mr X’s social housing property and his wish to be moved. This is because social housing disrepair falls outside our powers to investigate and, with regard to his wish to be moved, there is no evidence to suggest fault by the Council.

The complaint

1. Mr X complains ongoing repairs have not been carried out to his building because it is going to be demolished and he wishes to be relocated.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)
4. 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))

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X is a social housing tenant. Disrepair relating to social housing is a matter which falls outside our powers to investigate. We have no discretion here. It is a matter which falls within the jurisdiction of the Housing Services Ombudsman.
8. Mr X says that his building is due to be demolished and he wants to be relocated. The Council has explained that as a non-secure tenant Mr X will be assessed as part of the regeneration process and if found to have a housing need, he will be provided with offers of suitable accommodation. It has said that when a date becomes set for Mr X to be moved, it will work with him to inform him of the next steps.
9. With regard to the suitability of Mr X’s current accommodation, he has been advised to contact the Housing Options Team with any relevant medical evidence and documents so its suitability can be assessed. This is Mr X’s next step if he wishes to be considered for a move and there is no evidence to suggest fault in the Council’s handling of this matter.

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Final decision

10. We will not investigate Mr X’s complaint because social housing disrepair falls outside our powers to investigate and, with regard to his wish to be moved, there is no evidence to suggest fault by the Council.

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Investigator's decision on behalf of the Ombudsman