The Ombudsman's final decision
Summary: We cannot investigate this complaint about damage allegedly arising from Council social housing as it is not within our legal remit.
The complaint
Mr X complains the Council has refused to meet his repair costs after he says his property was damaged by a leak arising from an adjacent property which is used as social housing by the Council. Mr X would like the Council to make a compensation payment to him and set out guidelines around damage caused by its tenants.
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) The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X’s complaint concerns the actions of the Council acting as a social housing provider. As per paragraph three, this means that legally we cannot investigate.
Notwithstanding this, Mr X claims damages from the Council and such matters can only be decided in court. We are not empowered to determine whether the Council is legally liable for the damage caused to Mr X’s property or whether it should pay compensation to him.
Final decision
We will not investigate Mr X’s complaint because it is not within our legal remit to do so.
Investigator's decision on behalf of the Ombudsman