The Ombudsman's final decision
Summary: We cannot investigate Miss B’s complaint about the Council’s handling of building work at one of its properties. This is because we cannot investigate complaints about the management of social housing by a council as a social landlord.
The complaint
Miss B complains about the Council’s handling of building work at the adjoining property, which is owned and managed by the Council. Miss B says Council workers used her land without her permission, damaged her property and have been aggressive.
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 by the Council.
Miss B’s complaint about these building works is about the Council’s management of the adjoining property in its role as a social landlord.
We cannot investigate complaints about the management of social housing by councils. This restriction to our powers applies to complaints about the management and maintenance of property buildings, gardens and boundary features. This restriction also applies even if, as with this complaint, the person who has complained owns their property and is not a Council tenant or leaseholder.
This means we cannot investigate this complaint and have no discretion to start an investigation.
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