The Ombudsman's final decision
Summary: We will not investigate this complaint about housing allocations because it is about the Council’s management of its social housing, which the law prevents us from investigating.
The complaint
Miss Y complained the Council has failed to deal with a pest control issue, which causes an ant infestation during the summer months and have refused to move her because of the problem, despite its impact on her mental health.
Miss Y says her mental health is impacted and her children are unable to spend time in her home.
The Ombudsman’s role and powers
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 Miss Y provided and the Ombudsman’s Assessment Code.
My assessment
The Council is a registered social housing provider. The restriction in paragraph three above prevents us investigating complaints about matters “in connection with” the Council’s “housing activities so far as they relate to the provision or management of social housing…” Miss Y’s complaint relates to the Council’s management of its social housing. We have no jurisdiction to investigate complaints about the management of tenancies by social housing landlords, including councils. This falls within the jurisdiction of the Housing Ombudsman service. As we have no power to do so, we will not investigate this complaint.
Final decision
We will not investigate Miss Y’s complaint because it is about the Council’s management of its social housing, which the law prevents us from investigating.
Investigator's decision on behalf of the Ombudsman