The Ombudsman's final decision
Summary: We cannot investigate Ms B’s complaint about the Council’s failure to maintain Council properties which adjoin her home. 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 Ms B, complains that her property has been damaged after the Council replaced the guttering at the two adjoining properties, which are owned and managed by the Council. Ms B says the Council did not connect the guttering properly which has meant her house has been affected by water damage for several years.
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 B.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms B owns her property but the adjoining properties on either side are Council tenancies. Ms B’s complaint is about the Council’s management of the adjoining Council-owned properties as a social landlord. We cannot investigate complaints about the management of social housing. This means we have no discretion to investigate the issue Ms B complains about.
Final decision
We cannot investigate Ms B’s complaint because it is about the management of social housing by the Council.
Investigator's decision on behalf of the Ombudsman