The Ombudsman's final decision
Summary: We cannot investigate this complaint that the the Council delayed considering, then subsequently refused the complainants request for an External Wall System Fire Review certificate. This is because we have no jurisdiction to consider complaints from leaseholder about the actions of the Council as freeholders.
The complaint
The complainant, who I will call Mr X, complains that the Council delayed then subsequently refused his request for an External Wall System Fire Review certificate. Mr X says the Council’s actions have meant he has been unable to re-mortgage the affected properties causing him to pay a higher interest rate and causing him distress.
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 housing let on a long lease by a council that is a registered social housing provider. (Local Government Act 1974, paragraph 5B, schedule 5, as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X is the leaseholder of several properties for which the Council is the freeholder. Mr X asked the Council to issue a External Wall System Fire Review certificate for some of his properties in May 2020, despite chasing this the Council did not respond until January 2022, when it refused Mr X’s request.
I cannot investigate Mr X’s complaint because we have no jurisdiction to consider complaints by leaseholders about their freeholders because of the restrictions detailed in paragraph 3. This may however fall within the remit of the Housing Ombudsman service.
Final decision
We will not investigate Mr X’s complaint because we have no jurisdiction to consider complaints from leaseholder about the actions of the Council as freeholders
Investigator's decision on behalf of the Ombudsman