Summary: We will not investigate this complaint about a health and safety issue at the complainant’s home. This is because it concerns issues arising from repairs and or maintenance carried out by the Council as landlord. The actions of the Council as landlord are outside our jurisdiction.

The complaint

1. The complainant, I shall call Mr X, complains the Council’s contractors exposed asbestos when carrying out work at his home. He also complains the Council failed to send contractors back to deal with the matter and he was open to exposure to asbestos for 6 days.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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Final decision

6. We will not investigate Mr X’s complaint about the Council’s management of repairs at his home. This is because issues about the Council’s actions as landlord are outside the Ombudsman’s jurisdiction. Mr X can ask the Housing Ombudsman to consider his complaint.

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Investigator's decision on behalf of the Ombudsman