Decision : Closed after initial enquiries
Decision date : 26 Jul 2017
The Ombudsman's final decision:
Summary: I cannot investigate Mr B’s complaint about the Council’s actions as a registered social housing provider. It is outside the Ombudsman’s jurisdiction.
- The complainant, whom I refer to as Mr B, complains about the adaptations the Council has made to his property to support his daughter’s additional health needs, and how long it has taken. He also complains about the actions of the contractor undertaking the works, the continuing poor quality of repair works in the property, asbestos in the property, and how the Council has responded to issues he has raised.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered the information provided by Mr B and the Council. I also considered the Ombudsman’s guidance on jurisdiction.
- I wrote to Mr B and the Council with my draft decision and considered their comments.
What I found
- Mr B is a Council tenant in social housing. He applied for assistance from the Council in providing adaptations for his daughter, who has significant health needs. As the Council is Mr B’s social housing provider, it did not process a Disabled Facilities Grant (DFG) but agreed to provide the adaptations in the property based on an occupational therapist report.
- As the Council has provided these adaptations as part of its role as Mr B’s landlord – and the other issues set out in paragraph 1 of this decision statement are also about the Council’s actions as landlord – I cannot investigate Mr B’s complaint.
- I cannot investigate Mr B’s complaint about the Council’s actions as a registered social housing provider. It is outside the Ombudsman’s jurisdiction.
Investigator's decision on behalf of the Ombudsman