The Ombudsman's final decision
Summary: We cannot investigate Miss B’s complaint that the Council damaged her property when investigating a matter relating to the adjoining property, which is owned by the Council. This is because we cannot investigate complaints about the management of social housing by a council acting as a social landlord.
The complaint
Miss B complains about the conduct of a Council officer who visited her property to investigate an issue with the adjoining property, which is owned by the Council. Miss B says the officer damaged her property. Miss B says the Council has not made a suitable offer of compensation for her repair costs.
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 owns her property. The adjoining property is owned and managed by the Council.
The actions Miss B complains about were undertaken in the Council’s role as the social landlord of the adjoining property. We cannot investigate complaints about the management of social housing by a council acting as a social landlord.
This means we cannot investigate Miss B’s complaint. This restriction to our powers also applies to the Council’s handling of Miss B’s complaint and compensation claim.
Also, even if we had the power to investigate this complaint, we would not start an investigation.
This is because we take the view complaints about property damage are best decided by an organisation’s insurers, and if needed, the courts. Only a court can decide if an organisation has been negligent and order a party to pay damages.
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