The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council not taking action against Council tenants who do not look after their properties. This is because we cannot investigate complaints about the management of social housing by a council acting as a social landlord.
The complaint
Ms B complains the Council has failed to take action about Council tenants on a nearby estate who do not look after their properties. Ms B would like the Council to tell tenants to clean up their front and back gardens, and cut back overgrown vegetation.
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 Ms B.
I considered the Ombudsman’s Assessment Code.
My assessment
This complaint is about the Council’s management of a housing estate 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 management of Council housing estates and enforcement of Council tenancies. 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 Ms B’s complaint because it is about the management of social housing by the Council.
Investigator's decision on behalf of the Ombudsman