The Ombudsman's final decision
Summary: We will not investigate this complaint about a Council social housing property. The law prevents us investigating it.
The complaint
The Council owns the social housing property next door to Mr X’s home. Mr X says the Council has not properly maintained its property, so his house and garden have suffered damage, loss of amenity and a rodent infestation. He wants the Council to do repairs, maintain its house and garden properly, remove the infestation he says is coming from the Council’s property and compensate him.
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 and copy correspondence from the Council.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Mr X’s complaint. The Council’s involvement with the property is in its capacity as a registered provider of social housing. The matters complained of, and the actions Mr X wants the Council to take, all concern the Council’s management of its social housing. The law prevents us considering that, as para 2 explained.
Investigator's decision on behalf of the Ombudsman