The Ombudsman's final decision
Summary: We cannot investigate this complaint about damage caused by the Council’s failure to maintain a roof at a Council-owned property. This is because we cannot investigate complaints about the management of social housing by councils.
The complaint
The complainant, who I will refer to as Mr B, complains that his property has been damaged due to the Council’s failure to maintain the roof at the adjoining property, which is a Council tenancy. Mr B would like the Council to pay him compensation and to either repair the internal damage to his property or pay for this to be done.
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 Mr B’s representative.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr B’s complaint is about the Council’s management of one of its properties as a social landlord. We cannot investigate complaints about the management of social housing by councils. This means we have no discretion to investigate the issue Mr B complains about.
Final decision
We cannot investigate Mr B’s complaint because it is about the management of social housing by the Council.
Investigator's decision on behalf of the Ombudsman