London Borough of Southwark (21 014 696)
Category : Housing > Managing council tenancies
Decision : Closed after initial enquiries
Decision date : 20 Jan 2022
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about damage caused by the Council’s failure to maintain a roof at a Council-owned property. This is because we cannot investigate complaints about the management of social housing by councils.
The complaint
- The complainant, who I will refer to as Mr B, complains that his property has been damaged due to the Council’s failure to maintain the roof at the adjoining property, which is a Council tenancy. Mr B would like the Council to pay him compensation and to either repair the internal damage to his property or pay for this to be done.
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 B’s representative.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr B’s complaint is about the Council’s management of one of its properties as a social landlord. We cannot investigate complaints about the management of social housing by councils. This means we have no discretion to investigate the issue Mr B complains about.
Final decision
- We cannot investigate Mr B’s complaint because it is about the management of social housing by the Council.
Investigator's decision on behalf of the Ombudsman