The Ombudsman's final decision
Summary: We cannot investigate this complaint about an event held in a communal area where the complainants property is located. This is because the complainant is a social housing tenant, and we have no jurisdiction to investigate complaints about councils in their capacity as social housing landlords.
The complaint
The complainant, who I will call Mr X, complains that the Council have allowed an event to take place in a communal area where his property is located. He says this was done without consultation with he and other residents and causing him a disturbance.
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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We cannot investigate this complaint because the Council’s actions in this case are in relation to its duty as a social landlord. We have no jurisdiction to investigate complaints the actions of Council’s as social housing landlords These complaints fall within the remit of the Housing Ombudsman service.
Final decision
We cannot investigate Mr X’s complaint because we have no jurisdiction to investigate councils when they are acting in their capacity as social housing landlords.
Investigator's decision on behalf of the Ombudsman