The Ombudsman's final decision
Summary: The law prevents us investigating this complaint about the Council’s handling of matters at a social housing property.
The complaint
Mr X complains the Council has not dealt properly with problems from a neighbouring Council social housing property.
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
The Council is a registered social housing provider. The property neighbouring Mr X’s home is a Council social housing property.
Mr X states the Council has allowed works at that property that adversely affect Mr X’s property. To protect Mr X’s anonymity, I shall not give more details. Mr X says the works cause damage, inconvenience and the risk of injury at his home. He wants the Council to do works, or have its tenant do works, to put right the claimed problems.
This concerns the Council’s management of its social housing. The law prevents us considering that, as paragraph 2 explained.
Mr X says the residents of the Council’s property have acted in a way that amounts to harassment and antisocial behaviour regarding the works and their effect on Mr X’s property. This relates to how the residents are using their property and matters closely related to that. The restriction in paragraph 2 prevents us considering any Council actions “…in connection with…” housing activities relating to the management of social housing. Any action the Council might take, or decide not to take, here would concern alleged tenancy-related behaviour. It is therefore “in connection with” the Council’s management of its social housing. So the also law prevents us considering this.
Final decision
We will not investigate Mr X’s complaint. The law prevents us investigating.
Investigator's decision on behalf of the Ombudsman