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

1. Ms X complains the Council failed to carry out adaptations to the Council owned property where she and her mother, Mrs M, live.
2. 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.

Back to top

The Ombudsman’s role and powers

3. The Local Government Act 1074 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)

Back to top

How I considered this complaint

5. I spoke to Ms X and the Council.
6. I made enquiries of the Housing Ombudsman Service.
7. I wrote to Ms X and the Council with my draft decision and considered their comments before I made my final decision.

Back to top

What I found

What happened

8. Ms X’s mother, Mrs M, has Dementia and Alzheimer’s. Ms X lives with her in social housing owned by the Council.
9. 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.
10. In March 2020, the country went into lockdown because of the COVID-19 pandemic.
11. 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

12. 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.

Back to top

Final decision

13. I have discontinued my investigation because we do not have the jurisdiction to investigate the matters Ms X complained about.

Back to top

Investigator's decision on behalf of the Ombudsman