The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about a long wait for rehousing through the Council’s housing register because there is insufficient evidence of fault. We cannot investigate complaints about disrepair in Council properties.
The complaint
Ms X complained that, despite being awarded band B on the Council’s housing register, her family have not been rehoused and have been waiting 15 years. She also complained her Council property was affected by damp and mould. She said the overcrowding and poor housing conditions have adversely affected her family’s mental and physical health, and her children’s education.
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) 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))
How I considered this complaint
I considered information provided by Ms X.
I considered the Ombudsman’s Assessment Code.
My assessment
Long wait for rehousing The Council awarded band B on its housing register in May 2006, on the basis of overcrowding, and said she needed a property with four bedrooms. At the time, it told her that applicants were waiting, on average, 7 to 8 years for rehousing. Ms X complained in 2025 that she was still waiting to be rehoused. In its complaint response, the Council explained it could not say how long Ms X would wait and suggested action she could take to improve her chances, such as applying for medical priority, if that was relevant.
The fact that Ms X has been waiting such a long time does not, on its own, indicate fault by the Council. We are aware of a significant shortage of social housing, which is particularly acute in London. We also know that larger properties become available much less frequently than smaller homes. There is no indication that band B is not appropriate, given Ms X’s situation, and the Council has given appropriate advice to her about action she can consider taking to improve her chances of being rehoused. There is insufficient evidence of fault by the Council to justify further investigation.
Disrepair We cannot investigate complaints about councils when they are acting as registered social landlords. Ms X is a Council tenant and so, when addressing reports of disrepair, including damp and mould, the Council is acting as a registered social landlord.
Complaints handling We do not investigate a council’s complaints handling unless we are also investigating the underlying complaint. In any case, I note the Council has apologised for a delay in responding at stage 2.
Final decision
We will not investigate Ms X’s complaint about a delay in being rehoused because there is insufficient evidence of fault to justify our involvement. We cannot investigate her complaint about disrepair because Ms X is a Council tenant and we cannot investigate the Council’s actions as registered social landlord.
Investigator's decision on behalf of the Ombudsman