Summary: The Ombudsman cannot investigate Miss X’s complaint about damage to her house she says has been caused by a neighbouring property owned by the Council. 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 damage to her house she says has been caused by a neighbouring property owned by the Council. Miss X wants the Council to pay for the damage, but it has so far refused and has suggested she claim on her home insurance.

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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. 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 therefore outside the Ombudsman’s jurisdiction.

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Final decision

6. 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.

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Investigator's decision on behalf of the Ombudsman