Summary: We will not investigate Ms X’s complaint about the Council’s housing register decision because it is appropriate for the Council to review it. We cannot investigate complaints about councils acting as social landlords, which means we cannot investigate a complaint about the Council’s response to reports of disrepair in a Council property.

The complaint

1. Ms X complained about the way the Council considered her request to be rehoused. She says that, as a result of the Council’s lack of support, she remains in accommodation that is unsuitable because she is overcrowded and because the property is affected by damp and mould. She says the damp and mould is adversely affecting her family’s health.

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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, or
• it would be reasonable for the person to ask for a council review or appeal.

(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 Ms X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

What happened

7. Ms X is a Council tenant, and she moved to her current property in 2021. She first reported damp and mould in 2022. The Council carried out works to address the damp and mould, but it returned.
8. Following the birth of her child in 2023, the Council placed her on its housing register in band C because she was overcrowded.
9. In June 2024, the Council carried out a medical assessment, but decided s X did not meet the criteria for additional priority. It noted works had been arranged to address the damp and mould, which were due to start in July 2024.
10. In November 2024, the application was considered by the Council’s Social Welfare Panel, which agreed she had an urgent need to move, based on the ongoing disrepair issues and overcrowding. It placed her in band B. Ms X had the right to ask for a review of that decision if she disagreed with it, and she is exercising that right.

My assessment

11. We cannot consider any complaint about the Council’s handling of Ms X’s reports of disrepair in her Council property. In responding to such reports, the Council was acting as social landlord, and we cannot investigate complaints about councils when in their capacity as social landlords.
12. The Council considered the available information in June 2024, but decided Ms X did not meet the criteria for additional priority and explained its reasons. That decision took into account planned work to address the damp and mould. There is insufficient evidence of fault in the way the Council made that decision to justify further investigation.
13. Since the works did not resolve the damp and mould, the Council considered Ms X’s application again in November 2024. On that occasion, the Council awarded band B priority. It was reasonable for Ms X to request a review of that decision, and she has done so. Therefore, we will not investigate further.

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Final decision

14. We will not investigate Ms X’s complaint about the Council’s housing register decision because it is appropriate for the Council to review it. We cannot investigate complaints about councils acting as social landlords so we cannot investigate complaints about how the Council responded to reports of disrepair.

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Investigator's decision on behalf of the Ombudsman