The Ombudsman's final decision
Summary: We cannot investigate Miss B’s complaint about the Council damaging her property whilst undertaking work to adjoining properties. This is because we cannot investigate complaints about the management of social housing by a council acting as a social landlord.
The complaint
Miss B complains Council contractors damaged her property whilst undertaking maintenance work to the adjoining properties which are owned by the Council.
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 Miss B.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss B owns her property. The adjoining properties are owned and managed by the Council.
This complaint about the maintenance work undertaken by the Council is about the Council’s management of these properties in its role as a social landlord.
We cannot investigate complaints about the management of social housing by councils. This restriction to our powers applies to complaints about the maintenance of property buildings, gardens and boundary features. This restriction also applies even if, as with this complaint, the person making the complaint owns their property.
This means we cannot investigate this complaint and have no discretion to start an investigation.
Final decision
We cannot investigate this complaint because it is about the management of social housing by the Council as a social landlord.
Investigator's decision on behalf of the Ombudsman