The Ombudsman's final decision
Summary: We cannot investigate Miss B’s complaint about the Council not putting right damage caused by a Council tenant. This is because we cannot investigate complaints about the management of social housing by a council in its role as a social landlord.
The complaint
Miss B complains the Council tenant of the adjoining property destroyed her fence and damaged her driveway. Miss B complains the Council has unreasonably refused her request to put right some of the damage.
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’s complaint is about the Council’s management of the adjoining 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 maintenance and disrepair issues and complaints about tenant behaviour. This restriction also applies even if the person who has complained is not a Council tenant.
This means we cannot investigate the issue Miss B complains about and have no discretion to start an investigation.
Final decision
We cannot investigate Miss B’s complaint because it is about the management of social housing by the Council.
Investigator's decision on behalf of the Ombudsman