Summary: The Ombudsman cannot investigate Miss X’s complaint about problems with the condition of her council home. This is because we have no powers to consider complaints about a council when it is acting as a landlord.

The complaint

1. The complainant, whom I shall call Miss X, complains about the condition of her council property. Her concerns date to 1996. Miss X wants compensating for the poor conditions she has lived in and the Council fined.

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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 Miss X’s complaint to the Ombudsman and the information she provided. I also gave Miss X the opportunity to comment on a draft statement before reaching a final decision on her complaint.

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What I found

5. Miss X says there have been problems with her council home dating to 1996. She says she has had to pay for repairs herself, and the condition of the property has caused Miss X and her family health problems. Miss X’s complaint includes the way the Council has allegedly dealt with asbestos in her property.
6. The exception at paragraph 3 applies to Miss X’s complaint. The Ombudsman cannot investigate a council when it is acting as a landlord. Miss X’s complaint is outside the Ombudsman’s jurisdiction.

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Final decision

7. The Ombudsman cannot investigate Miss X’s complaint. This is because we have no powers to consider complaints about a council when it is acting as a landlord.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman