The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s handling of maintenance works to one of its properties. This is because we cannot investigate complaints about the management of social housing by a council acting as a social landlord.
The complaint
Mr C complains about the Council’s handling of maintenance works to one of its properties which adjoins his parents’ property. Mr C says the Council should have told his parents that work was taking place on the adjoining roof and that some tiles may be removed from their roof. Mr C also says Council workers wrongly stacked tiles on his parents’ roof and did not replace eaves fillers which were removed.
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 Mr C.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr C’s parents own their property. The adjoining property is owned by the Council.
Mr C’s complaint is about the Council’s handling of maintenance works to the adjoining property.
We cannot investigate complaints about the management of social housing by a council in its role as a social landlord.
This restriction to our powers applies to complaints, like Mr C’s complaint, which are about the Council’s handling of maintenance works to a Council-owned property.
Also, this restriction applies even if the person making the complaint privately owns or rents their property.
This means we cannot investigate Mr C’s complaint and have no discretion to start an investigation.
Final decision
We cannot investigate Mr C’s complaint because it is about the management of social housing by the Council.
Investigator's decision on behalf of the Ombudsman