The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s maintenance of a council house. This is because the law says we cannot investigate the actions of the Council acting as a registered social housing provider.
The complaint
Mr X says the Council has not maintained a house it owns which is connected to his property. Mr X says his home was damaged due to a lack of maintenance on the neighbouring house. Mr X wants the Council to maintain the house it owns and pay him compensation.
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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X owns his home, and his neighbour is a Council tenant. We cannot investigate complaints about damage caused to Mr X’s property due to a lack of maintenance. This is because the complaint is about the provision or management of social housing by the Council as a registered social housing provider. The law does not allow us to investigate these matters.
Final decision
We cannot investigate Mr X’s complaint because it is about the provision or management of social housing by a Council acting as a registered social housing provider. The law does not allow us to investigate these complaints.
Investigator's decision on behalf of the Ombudsman