Summary: We will not investigate this complaint about the Council’s handling of discoloured water at Mr X’s home as the safety and testing of drinking water was not the Council’s responsibility, and problems relating to the internal hot water system relate to the Council’s management of leasehold and social housing.

The complaint

1. Mr X complains about the way the Council handled the water safety issue where he lives.
2. Mr X also says the Council’s complaint handling was delayed, incomplete and failed to address all of his concerns.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as water companies. (Local Government Act 1974, sections 25 and 34(1), as amended)
6. 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)
7. We cannot investigate complaints about the management of housing let on a long lease by a council that is a registered social housing provider. (Local Government Act 1974, paragraph 5B, schedule 5, as amended)
8. The courts have said we can decide not to investigate a complaint about any action by a council concerning a matter which is outside our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
9. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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How I considered this complaint

10. I considered information provided by Mr X and the Council.
11. I considered the Ombudsman’s Assessment Code.

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My assessment

12. Mr X’s complaint is partly about the actions of the water company, rather than the Council. We have no power to investigate the water company’s actions, as set out in paragraph 5.
13. The Council was involved due to its ownership of the building where Mr X lives. The building includes Council social housing and housing the Council lets on long leases. The restrictions set out in paragraphs 6 and 7 prevent us investigating the Council’s actions relating to leasehold housing and as social housing landlord. That includes the Council’s actions in relation to the possible presence at the building of substances that may be hazardous to health.
14. Mr X referred to the Council’s duties under the housing health and safety rating system. The Council cannot enforce housing health and safety matters against itself, so investigation of this point is unlikely to find fault.
15. Mr X also complained about the Council’s emergency response and how it supported residents, including those that may be vulnerable. The injustice to Mr X is not significant enough to justify our involvement. Representatives from the Council attended the building with the water company so there is not enough evidence of fault here to justify investigating.
16. We can investigate Mr X’s complaint about how the Council handled the complaint process. However as we are not investigating the substantive part of the complaint it would be disproportionate for us to do so (see paragraphs 8 and 9).

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Final decision

17. We will not investigate Mr X’s complaint as we have no power to investigate the substantive issue, and it would not be a good use of our resources to investigate the complaint response from the Council.

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Investigator's decision on behalf of the Ombudsman