London Borough of Hammersmith & Fulham (20 006 047)
Category : Environment and regulation > Health and safety
Decision : Closed after initial enquiries
Decision date : 12 Nov 2020
The Ombudsman's final decision:
Summary: We do not have the power to investigate this complaint about gas safety inspections at Mrs Y’s property. This is because we cannot investigate the actions of the Council where it is acting in the management of social housing.
The complaint
- Mrs Y and her son, Mr X, complain the Council failed:
- to update them after a gas safety check or follow up on problems found in the same inspection in 2018;
- to give sufficient notice of gas safety inspections in 2019, taking into account Mrs Y’s disability;
- threatened to take legal action against Mrs Y to force access to her property for a gas safety inspection; and
- to use correct contact details despite updated details being provided.
- They also complain about the behaviour of the contractors the Council used.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The Ombudsman cannot investigate action taken by or on behalf of a Council as a registered provider of social housing where the action relates to the provision or management of social housing. (Local Government Act 1974, Schedule 5/5A paragraphs (a) and b), as amended)
How I considered this complaint
- I considered the complaint correspondence Mr X and Mrs Y provided before making this final decision.
What I found
- This complaint concerns the gas safety inspections which landlords and social housing providers are required to keep up to date in rented properties. We do not have the legal power to investigate these complaints because the Council is acting in its role as a social housing provider in the management of Mrs Y’s property.
Final decision
- We do not have the power to investigate this complaint about gas safety inspections at Mrs Y’s property. This is because we cannot investigate the actions of the Council where it is acting in the management of social housing.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman