The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s handling of construction work to one of its properties. This is because we cannot investigate complaints about the management of social housing by a council acting as a social landlord.
The complaint
Mr B complains about the Council’s handling of construction work to one of its properties. Mr B says the new render has encroached on his property. Mr B says the Council ignored his contacts for two years and has still not done the required work despite saying it would do so. Mr B would like the Council to do the required work and pay him compensation.
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 Mr B.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr B’s complaint is about the Council’s management of a property it owns. We cannot investigate complaints about the management of social housing by a council acting as a social landlord. This restriction applies to complaints, like Mr B’s complaint, which are about property maintenance and improvement works undertaken by a council. This means we have no discretion to investigate the issue Mr B complains about.
Final decision
We cannot investigate Mr B’s complaint because it is about the management of social housing by the Council.
Investigator's decision on behalf of the Ombudsman