The Ombudsman's final decision
Summary: We cannot investigate this complaint from a homeowner that the Council damaged her property when carrying out roof repairs, and is unreasonably refusing to take responsibility for the matter. This is because the law prevents us from considering complaints about councils when they are acting in their role as social housing landlords.
The complaint
The complainant, who I shall call Miss X, complained that Council contractors damaged some of the render at her property in carrying out repairs to her roof in 2019. Miss X said the Council failed to deal with the issue at the time and, as a result, a larger area of render has now become damaged due to weathering. However the Council is refusing to accept responsibility for remedying this matter.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. In particular 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, Schedule 5.5 (as amended)]
How I considered this complaint
I considered the information Miss X provided with her complaint. I also took account of the Ombudsman’s Assessment Code.
My assessment
Miss X was a tenant of the Council at the time the damage she complains about took place. Miss X later bought her property under the Right to Buy, which meant the Council was no longer responsible for keeping it in repair.
But we no longer have power to investigate complaints about councils when they are carrying out their functions as landlords of their housing properties. This follows a change in the law in 2013 which transferred authority for dealing with most complaints about the management of council housing to the Housing Ombudsman Service.
The damage Miss X complains about was caused when contractors were doing repairs to her property on behalf of the Council’s Housing service. The carrying out of repairs is a housing management function. Therefore the Council was acting in its capacity as a social housing landlord at the time. As a result I consider the legal restriction on us investigating complaints about council housing management applies in Miss X's case.
Final decision
We cannot investigate Miss X's complaint about Council contractors damaging her property when carrying out repairs to it. This is because we are precluded by law from pursuing complaints about councils when they are acting in their role as social housing landlords.
Investigator's decision on behalf of the Ombudsman