The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council failing to safeguard his health and wellbeing due to failure to respond appropriately to his reports about significant disrepair in his property. This is because the complaint is out of our jurisdiction.
The complaint
Mr X complains the Council failed to safeguard his health and wellbeing because it did not respond appropriately to his reports about significant disrepair in his property.
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
Mr X complained about significant disrepair in his property. The Council is his landlord. The Housing Ombudsman has investigated Mr X’s complaints about the way the Council responded and dealt with his reports of the disrepair.
Mr X complaint to us is about the effects the disrepair has had on his health and wellbeing. He says the Council’s failure to respond appropriately to his reports of disrepair meant it failed to safeguard him.
As Mr X’s claimed injustice flows directly from the issue of the housing disrepair, we cannot investigate the complaint. The housing disrepair issue falls under the Council’s responsibility as a social housing provider/landlord and so is under the jurisdiction of the Housing Ombudsman. As noted, the Housing Ombudsman has already investigated this complaint and made its findings, and orders and recommendations.
Final decision
We will not investigate Mr X’s complaint because it is out of our jurisdiction.
Investigator's decision on behalf of the Ombudsman