Basildon Borough Council (21 015 570)
Category : Housing > Managing council tenancies
Decision : Closed after initial enquiries
Decision date : 03 Feb 2022
The Ombudsman's final decision:
Summary: We cannot investigate Miss B’s complaint that she suffered injuries due to the Council’s failure to maintain a Council 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 Miss B, complains that she suffered injuries after tripping over a fallen wooden beam outside her home, which is a Council tenancy. Miss B says the incident was the result of the Council not maintaining the shed at the front of her property. Miss B complains the Council has not accepted liability for the injuries she suffered. Miss B would like the Council to pay her compensation.
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’s complaint is about the Council’s maintenance of a Council-owned property. We cannot investigate complaints about the management of social housing by a council acting as a social landlord. This means we have no discretion to investigate Miss B’s complaint.
- In addition, even if we had discretion to investigate we would not start an investigation. This is because the courts are in the best position to decide personal injury claims.
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