The Ombudsman's final decision
Summary: We will not investigate this complaint about the handling of an insurance claim. The matter is about the Council’s management of its social housing, which the law prevents us investigating.
The complaint
Miss X complains about the Council’s handling of her insurance claim.
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 provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X is a tenant of Council social housing. The Council decanted Miss X from her home to another property for a period while it did works at Miss X’s home. Miss X holds the Council responsible for damage to her belongings at the decant property. She made a claim against the Council’s insurance and says the Council has not progressed the claim properly.
The Council is a registered social housing provider. The restriction in paragraph 2 above prevents us considering a complaint about “…action in connection with its [the Council’s] housing activities so far as they relate to the provision or management of social housing…” The Council’s actions regarding decant properties are about the provision and management of the Council’s social housing. Miss X’s insurance claim is “in connection with” those matters. Therefore the restriction in paragraph 2 above prevents us investigating this complaint.
Final decision
We will not investigate Miss X’s complaint because the law prevents us doing so.
Investigator's decision on behalf of the Ombudsman