Summary: We will not investigate this complaint about repairs by the Council to Miss X’s council-rented home and its assessment of her housing application. We cannot investigate complaints about tenancy management by social housing landlords. We will not exercise discretion to investigate Miss X’s complaint about her housing application. This complaint concerns matters which she was aware of more than 12 months before complaining to us.

The complaint

1. Miss X complained about the Council’s failure to deal with repair issues at her home since 2019. She says that despite being decanted from the property in past years she continues to suffer from problems with mould and other issues. She also complained about her application for a transfer being removed in 2021 when the housing policy changed and she no longer qualified on overcrowding grounds.

Back to top

The Ombudsman’s role and powers

2. 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)
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council. I have also considered the Council’s housing allocations policy.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Miss X says her social-rented home has had various problems with repairs since 2019. She was decanted by the Council landlord to enable major works to be completed but she says there are still more recent unaddressed repair issues.
7. We have no jurisdiction to investigate complaints about disrepair by social housing tenants. Since 2013 they have fallen under the responsibility of the Housing Ombudsman service.
8. Miss X also complained about her application for a transfer not qualifying for the register since the Council changed its housing allocation policy in 2021. She is lacking one bedroom due to overcrowding but the policy says that only applicants lacking two bedrooms or more meet the criteria for overcrowding eligibility.

Miss X was aware of this matter more than 12 months before she complained to us. She applied for medical assessments in 2022 and 2023 which were unsuccessful and we will not consider the matter now. There is no evidence to suggest that she could not have complained to us sooner.

The time for receiving complaints is from when someone became aware of the matter they wish to complain about, not when they complained to the Council or it issued its final response. We would expect someone to complain to us within a year, even if they were dissatisfied with the time the complaints procedure was taking.

Back to top

Final decision

9. We will not investigate this complaint about repairs by the Council to Miss X’s council-rented home and its assessment of her housing application. We cannot investigate complaints about tenancy management by social housing landlords. We will not exercise discretion to investigate Miss X’s complaint about her housing application. This complaint concerns matters which she was aware of more than 12 months before complaining to us.

Back to top

Investigator's decision on behalf of the Ombudsman