The Ombudsman's final decision
Summary: A Council tenant complained about disrepair problems at his property. But we cannot investigate this matter because the law prevents us from considering complaints about the management of council housing.
The complaint
The complainant, who I shall call Mr B, complained that the flat the Council offered him earlier this year was in a state of disrepair when he moved in. Mr B also complained the Council had been slow to carry out repairs and, as a result, he had been forced to spend his own money on doing the necessary works..
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 Mr B provided with his complaint. I also took account of the Ombudsman’s Assessment Code.
My assessment
We no longer have the 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.
Mr B’s complaint is about the Council’s failure to keep his flat in good repair. But carrying out repairs is one of the Council’s responsibilities in managing its rented housing properties. Therefore Mr B’s complaint concerns the Council’s role as a social housing landlord. As a result the legal restriction on us investigating complaints about council housing management applies in his case.
Final decision
We cannot investigate Mr B's complaint about repairs problems affecting the flat he rents from the Council. This is because the law prevents us from considering complaints about councils when they are acting as social housing landlords.
Investigator's decision on behalf of the Ombudsman