Summary: We will not investigate Mr X’s complaint about the Councils awarding of his housing priority. Mr X has a right of review and it is reasonable for him to exercise that right. Further we cannot investigate complaints about tenancy management by social landlords.

The complaint

1. Mr X complained he had been awarded the wrong housing priority.
2. He said the housing is unsafe and he should be awarded higher banding due to medical priority.

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The Ombudsman’s role and powers

3. 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:

• 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))

4. 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

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

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My assessment

8. Mr X told the Council that his property was affecting his health, and he should be given higher priority for medical reasons. Further, he said the communal areas disrepair had caused him to have a fall.
9. In October 2024 the Council carried out a health and wellbeing assessment. It wrote to Mr X and said that medical evidence provided was not sufficient and he would stay in Band 3. It provided Mr X with his review rights.
10. In January 2025 the Council held a health and wellbeing panel to assess Mr X’s case. It reviewed all the information provided by Mr X, including new evidence provided after its earlier decision, and found that he was Band 2 priority.
11. If Mr X wishes to challenge the Council’s assessment, he can do so by asking for a review of the decision under s.166A of the Housing Act 1996. It is reasonable to expect Mr X to do this.
12. We will not investigate Mr X’s complaint the Council awarded incorrect housing priority in October 2024. It made its decision on the basis of the evidence it had at the time, and it was appropriate for Mr X to ask for a review.
13. Mr X is a social housing tenant. He complained about the state of disrepair in his property’s communal areas. The law says we cannot investigate complaints where the Council is acting as a social landlord. Therefore, we cannot investigate this part of the complaint.

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Final decision

14. We will not investigate Mr X’s complaint about the priority awarded on the Council’s housing register because he has a right of review and it is reasonable for him to exercise that right, and we have no remit to consider complaints about the management of social housing.

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Investigator's decision on behalf of the Ombudsman