The Ombudsman's final decision
Summary: We cannot investigate this complaint about how the Council is managing one of its social housing properties.
The complaint
Mr X complains the Council has dismissed his concerns about his neighbour in one of its social housing properties. He says the Council was unfair and allowed the tenant to breach their tenancy agreement with the Council.
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
Mr X complains his neighbour is breaching the tenancy agreement with the Council by opening a business in the garden. He says the Council was dismissive and did not properly consider the matter.
We cannot investigate the Council’s actions as landlord but its response to Mr X’s complaint shows it properly considered his concerns, so it is unlikely investigation of other matters such as planning would lead to a different outcome.
Final decision
We cannot investigate Mr X’s complaint because it is about the Council’s actions as a social housing landlord.
Investigator's decision on behalf of the Ombudsman