The Ombudsman's final decision
Summary: We cannot investigate this complaint about the way the Council is treating the complainant regarding a move to a smaller home. This is because the complainant is complaining about housing management issues and we have no power to investigate a council when it is acting as a landlord.
The complaint
The complainant, whom I refer to as Ms X, complains about the way the Council is treating her following her succession to a tenancy and the requirement to downsize.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)
How I considered this complaint
I considered information provided by Ms X and the Council. This includes the complaint correspondence. I also considered our Assessment Code.
My assessment
Ms X succeeded to a tenancy which is too large for her needs. A requirement of the succession is that she must downsize to a smaller home. The Council will make an offer. If Ms X refuses the offer the Council can end the tenancy of the property she has succeeded to.
Ms X has made a number of complaints. She is unhappy with the support provided by her housing officer and does not think the properties the Council has offered are suitable. She also says the Council has not provided support to help her move out of the borough or use the mutual scheme. Ms X is unhappy the Council is threatening to evict her.
We cannot investigate this complaint because the succession, management of the downsizing and support provided by housing officers are all housing management functions. We have no power to investigate a council when it is acting as a landlord and carrying out housing management functions. There is no part of the complaint we can investigate.
Final decision
We cannot investigate this complaint because we have no power to investigate a council when it is acting as a landlord and carrying out housing management functions.
Investigator's decision on behalf of the Ombudsman