The Ombudsman's final decision
Summary: We cannot investigate this complaint that the Council damaged Mr X’s property whilst carrying out repairs to the adjoining property, which is a owned by the Council.
This is because we cannot investigate complaints about the management of social housing by a council acting as a social landlord.
The complaint
Mr X complains that the Council are responsible for damage to his property after it carried out repairs to the adjoining property, which is owned by the Council.
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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X owns his property. The adjoining property is owned and managed by the Council.
This complaint is about the Council’s handling of repair works to one of its properties in its role as a social landlord. We cannot investigate complaints about the management of social housing by a council acting as a social landlord. This restriction to our powers applies to complaints like this complaint which are about repair and improvement works. This restriction also applies even if the person making the complaint privately owns their property, like Mr X. I have no discretion to start an investigation into Mr X’s complaint.
Final decision
We cannot investigate Mr X’s complaint because it concerns the actions of the Council in relation to its role as a social housing landlord.
Investigator's decision on behalf of the Ombudsman