The Ombudsman's final decision
Summary: We cannot investigate this complaint that the Council has delayed providing the complainant with a loft and kitchen conversion. This is because we cannot investigate a council when it is acting as a landlord.
The complaint
The complainant, whom I refer to as Ms X, complains the Council said it would provide a loft and kitchen conversion but has not done the work. Ms X needs the conversions to alleviate overcrowding. Ms X wants the Council to do work to her property including the conversions.
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 Ms X and the complaint correspondence. I also considered some information from the Council and our Assessment Code.
My assessment
Ms X is a Council tenant. She says the Council offered a loft and kitchen conversion before Covid but has not done the work.
The Council told me the conversion programme is currently on hold and Ms X’s property is not on the list. Ms X can contact her housing officer to be re-referred.
All the decisions about the property conversion programme are made by the housing service. We have no power to investigate a council when it is acting as a landlord and making housing management decisions (decisions made by the housing service). This means I cannot investigate the complaint.
Final decision
We cannot start an investigation because we have no power to investigate a council when it is acting as a landlord and making housing management decisions.
Investigator's decision on behalf of the Ombudsman