Summary: We will not investigate Mr X’s complaint about advice a social worker gave his tenants because we cannot achieve the outcome he wants from his complaint.

The complaint

1. Mr X complains a social worker advised his tenants not to pay for repairs to the property he rents to them. He wants a new social worker to be appointed and his tenants to accept responsibility and pay for the damage he says they caused.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but we must use public money carefully. We do not start or continue an investigation if we decide we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. I have carefully considered everything Mr X said, although I have not included every detail here. I have included as few details as possible to protect the anonymity of Mr X and his tenants.
6. Mr X alleges tenants caused damage to his property. He says the tenants’ social worker told them not to pay. He complained to the Council.
7. The Council declined to respond to his complaint as he was not a service user.
8. However, the Council said it had spoken to the social worker who confirmed she had appropriately challenged demands for payment Mr X made to the family living in his property. The Council said this was consistent with her role.
9. Unhappy with the Council’s response, Mr X complained to us.
10. The key relationship here is between a landlord (Mr X) and his tenant.
11. This is a formal relationship in which both sides have legal rights and responsibilities.
12. The Council offered advice to one party which the other party disputes.
13. It is not our role to adjudicate in private landlord-tenant disputes. There are other avenues Mr X can use to attempt to recover what he believes he is owed. We cannot achieve the outcome Mr X wants.

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Final decision

14. We will not investigate Mr X’s complaint because we cannot achieve the outcome he wants.

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Investigator's decision on behalf of the Ombudsman