The Ombudsman's final decision
Summary: We cannot investigate Ms B’s complaint that her property has been damaged due to the Council’s failure to maintain the adjoining 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 Ms B, complains that her home has been damaged due to the Council’s failure to maintain the adjoining property which is owned and managed by the Council. Ms B complains the Council has refused her claim for the costs she has incurred repairing her property and replacing damaged possessions.
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’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 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