Summary: We will not investigate this complaint about how the Council advertised a social housing property. This is because Mr X should have been given an opportunity to view the property by the landlord and so he has not been caused an injustice as a result of the Council’s actions.

The complaint

1. Mr X complains the Council advertised a social housing property as having a roof garden. Mr X says he found out there was no roof garden when he moved into the property. Mr X says he feels depressed as a result of not having a garden and would like the Council to offer him a different property.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact 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 or may decide not to continue with an investigation if we decide any fault has not caused injustice to the person who complained. (Local Government Act 1974, section 24A(6))
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 will not investigate this complaint because the housing association who own the property Mr X was offered should have given Mr X an opportunity to view it before he moved in. Mr X would have then realised there was no garden. Therefore Mr X has not been caused an injustice as a result of the Council’s actions.
7. The Local Government and Social Care Ombudsman cannot investigate the actions of the housing association. These complaints are dealt with by the Housing Ombudsman.

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Final decision

8. We will not investigate Mr X’s complaint because he has not been caused an injustice as a result of the Council’s actions.

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Investigator's decision on behalf of the Ombudsman