Source · LGO (Local Government & Social Care Ombudsman)

Birmingham City Council

LGO (Local Government & Social Care Ombudsman) Other Reference 25-016-377 Sector Housing Category Other Decided 17 March 2026

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Full decision

on the lessons that can be learnt from our complaints about end of life care given in care homes and in the home.

Category : Housing > Other Decision : Closed after initial enquiries Decision date : 17 Mar 2026

The Ombudsman's final decision

Summary: We cannot investigate Miss X’s complaint about the Council’s response to a leaking pipe in a neighbouring property. We cannot investigate complaints about the management of housing let on long leases by a housing authority.

The complaint

Miss X complained the Council did not fix a leaking pipe at a property it owned in a timely manner. She said raw sewage from the leak had caused damage to her property and the process had been stressful. She wanted the Council to reimburse her for items which she needed to replace and for food costs when she was unable to use her kitchen due to the leak.

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 management of housing let on a long lease by a council that is a registered social housing provider. (Local Government Act 1974, paragraph 5B, schedule 5, as amended)

How I considered this complaint

I considered information provided by Miss X and the Council.

I considered the Ombudsman’s Assessment Code.

My assessment

Miss X said waste leaking from a pipe from a neighbouring property owned by the Council caused damage to her property.

We cannot investigate Miss X’s complaint because it concerns the actions of the council in its role as a manager of social housing. The law says we cannot investigate such matters.

This restriction to our powers applies even if, as with this complaint, the person who has complained is not a Council tenant.

Final decision

We cannot investigate Miss X’s complaint because it is not within our remit to investigate the council acting from its role as a social housing provider.

Investigator's decision on behalf of the Ombudsman

View original on LGO (Local Governme… website

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