The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s delay in repairing his boiler. The law prevents us from investing complaints about the management of social housing.
The complaint
Mr X complained the Council deliberately delayed responding when he reported problems with his boiler. He said he was left without heating and hot water for three weeks in the winter. This caused distress and financial cost as he had to buy extra blankets and use an electric heater.
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 X and the complaint correspondence provided by the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X is a council tenant. This means when the Council is responding to reports of disrepair it is acting in its capacity as a registered provider of social housing. We cannot investigate complaints about the management of social housing.
Final decision
We cannot investigate Mr X’s complaint because this is outside our remit.
Investigator's decision on behalf of the Ombudsman