The Ombudsman's final decision
Summary: We cannot investigate this complaint that the Council is partly responsible for damage that was caused to the complainant’s vehicle. This is because we have no power to investigate a council when it is acting as a landlord.
The complaint
The complainant, whom I refer to as Mr X, complains the Council failed to dispose of paint correctly and, as a result, his vehicle was damaged. Mr X holds the Council, and the perpetrator, jointly responsible. Mr X says the Council should pay 50% of the cost of the repairs.
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 X and the Council. This includes the complaint correspondence. I also considered our Assessment Code and comments Mr X made in reply to a draft of this decision.
My assessment
Mr X lives with his partner. His partner is a Council tenant and they live on a Council estate.
A cleaner, employed by the Council’s housing service, reported fly-tipping in the bin store. His report referred to “bits of metal” which he later confirmed was a metal tin but he did not know what was in the tin. A housing officer visited the same day and made arrangements for the waste to be removed. The officer does not recall seeing any paint.
At some point an unknown person damaged Mr X’s vehicle with paint. Mr X has reported the damage to the police.
Mr X says the Council failed to ensure the paint from the bin store was promptly removed and he holds the Council 50% responsible for the cost of the damage.
The law says we cannot investigate any complaint which involves a council acting as a landlord and carrying out housing management functions. The Council’s housing service reported the waste, inspected the items and arranged for the removal. As the actions were all carried out by the housing service (the landlord) I have no power to start an investigation.
Final decision
We cannot start an investigation because we have no power to investigate a council when it is acting as a landlord and carrying out housing management functions.
Investigator's decision on behalf of the Ombudsman