The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint that the Council has refused approval for works he has done to his home. This is because the Council owns the freehold of the property and the complaint concerns its management of the property, which Mr X owns on a long lease. The law prevents us investigating such actions.
The complain Mr X complains that the Council, when managing the lease of his home, refuses to approve changes he had made to his home and has told him to remove the works.
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)
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X requested planning permission for some changes to his home. The Council owns the freehold of the property. It granted the permission, and Mr X has no complaint about that decision.
Mr X is unhappy that the Council, acting as freeholder, refused approval for the completed works and told him to remove them.
The Council’s roles in dealing with the planning application and managing the lease are separate. The restriction in paragraph 2 prevents us investigating any actions the Council takes in managing the lease.
Investigator's decision on behalf of the Ombudsman