The Ombudsman's final decision
Summary: We cannot investigate Miss X’s complaint about the Council’s failure to respond to her personal injury claim. We have no remit to consider complaints about the management of social housing by a council acting as a social landlord.
The complaint
Miss X, who is a tenant of the Council, says she was injured when a ceiling collapsed on her. She complains about the Council’s failure to respond to her personal injury claim.
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 X and the Council’s response.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council features in this complaint as the social landlord of Miss X’s home. So, Miss X’s complaint is about the Council’s management of property 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 handling of a personal injury claim. This means we cannot investigate the issue Miss X complains about and have remit to investigate.
Final decision
We cannot investigate this complaint because it is about the management of social housing by the Council as a social housing provider.
Investigator's decision on behalf of the Ombudsman