The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of a leak and related matters. This is because the law prevents us investigating.
The complaint
Mr X complains the Council did not deal properly with a leak into his home or with his communications and formal complaint about the matter. The Council owns the freehold of the building where Mr X lives. The flat where Mr X lives is let by the Council on a long lease to Mr X’s landlord.
The Ombudsman’s role and powers
We cannot investigate complaints about the management of housing let on a long lease by a council that is a registered social housing provider. (Local Government Act 1974, paragraph 5B, schedule 5, as amended) Here, the Council is a social housing provider.
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Mr X’s complaint. The restriction in paragraph 2 prevents us investigating anything ‘in connection with’ the management of housing let on a long lease. The matters complained of were all ‘in connection with’ such matters, because that was the only basis for the Council’s involvement with these events affecting Mr X’s home.
Investigator's decision on behalf of the Ombudsman