London Borough of Camden (20 006 929)
The Ombudsman's final decision:
Summary: The Ombudsman cannot investigate Ms X’s complaint that the Council delayed in carrying out adaptations to a Council owned property. This is because we have no power to investigate a council when it is acting as a landlord.
The complaint
- Ms X complains the Council failed to carry out adaptations to the Council owned property where she and her mother, Mrs M, live.
- Ms X says that as a result, her mother, who has dementia, became so distressed, she was admitted to hospital following a seizure. She says Mrs M is living in an unsafe environment and her ability to enjoy life and live independently has been compromised.
The Ombudsman’s role and powers
- The Local Government Act 1074 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 spoke to Ms X and the Council.
- I made enquiries of the Housing Ombudsman Service.
- I wrote to Ms X and the Council with my draft decision and considered their comments before I made my final decision.
What I found
What happened
- Ms X’s mother, Mrs M, has Dementia and Alzheimer’s. Ms X lives with her in social housing owned by the Council.
- In February 2020, a Council Occupational Therapist (OT) assessed the property. The OT reported that Mrs M was eligible for adaptations to the kitchen and bathroom.
- In March 2020, the country went into lockdown because of the COVID-19 pandemic.
- The Council did not carry out the works and Ms X complained. It said that under its COVID-19 Repairs Protocol, it would not be able to carry out the installation of the cooker or other adaptations because of the current circumstances of lockdown.
My findings
- We cannot investigate Ms X’s complaints because we have no power to investigate a council when it is acting as a landlord. Carrying out adaptations to social housing are landlord duties and responsibilities. This means I cannot investigate them. Ms X has now made a complaint about these matters to the Housing Ombudsman Service who has the jurisdiction to consider them.
Final decision
- I have discontinued my investigation because we do not have the jurisdiction to investigate the matters Ms X complained about.
Investigator's decision on behalf of the Ombudsman