The Ombudsman's final decision
Summary: We will not investigate this complaint about the actions of the Council’s Monitoring Officer in connection with a social housing disrepair matter. This is because an investigation would serve no useful purpose when we cannot investigate the substantive issue concerning the disrepair.
The complaint
The complainant, who I refer to as Mr X, complains about the failure of the Council’s Monitoring Officer to make a report to the Council executive regarding his allegation of maladministration concerning its failure to address his social housing disrepair.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) 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 the information provided by Mr X’s representative.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Mr X’s complaint because an investigation would serve no useful purpose when we cannot investigate the substantive issue concerning the disrepair.
Investigator's decision on behalf of the Ombudsman