Summary: We cannot investigate this complaint about damage caused to Ms X’s property from a water leak from a Council owned property as we are prevented from doing so by law.

The complaint

1. Ms X complained the Council will not take responsibility for damage caused to her property from a water leak from one of its properties. Ms X says her health is affected as her property has since developed black mould. Ms X wants the Council to rectify the damage.

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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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We cannot investigate Ms X’s complaint as we cannot investigate the actions of councils acting as registered social housing providers, as per paragraph three.

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Final decision

7. We cannot investigate Ms X’s complaint because we are prevented from doing so by law.

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Investigator's decision on behalf of the Ombudsman