The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s transfer of housing and land. The law prevents us investigating.
The complaint
Mr X complains about the Council’s handling of its intended transfer of social housing and land.
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) We cannot investigate something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended) We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says the Council’s handling of the matter “has resulted in a large loss of social housing (or equivalent) in the area (although it has cost several hundred million pounds).”
The Council is a registered provider of social housing. The restriction in paragraph 3 above applies to action “in connection with” the provision and management of social housing. The matter Mr X complains about is “in connection with” such matters, including the transfer of social housing and the present and future provision of social housing. So, we cannot investigate it.
Mr X says he is not a social housing tenant affected by the changes. He states the matter nevertheless affects him as a local council taxpayer. That aspect does not affect Mr X more than it affects most residents of the Council’s area. So, the restriction in paragraph 4 also prevents us investigating.
Mr X’s claimed injustice also includes the effect on him as a local resident who worries the Council can no longer deliver as much social housing to local people who need it. I recognise the strength of Mr X’s view. However, that does not amount to a significant enough personal injustice to warrant the Ombudsman devoting time and public money to investigating the complaint, even if the legal restrictions above did not prevent us investigating anyway.
Final decision
We will not investigate Mr X’s complaint. The law prevents us investigating matters related to the Council’s provision and management of social housing and matters affecting most of the area’s residents. There is also not significant enough injustice to Mr X.
Investigator's decision on behalf of the Ombudsman