Birmingham City Council (20 001 588)
Category : Housing > Managing council tenancies
Decision : Closed after initial enquiries
Decision date : 04 Aug 2020
The Ombudsman's final decision:
Summary: The Ombudsman cannot investigate this complaint about the removal of an air unit from the complainant’s home. This is because the complainant is a council tenant and the Ombudsman has no power to investigate a council when it is acting as a landlord.
The complaint
- The complainant, whom I refer to as Ms X, complains that the Council will not remove an air unit from her home. She says the unit is in a poor condition and dangerous because it contains asbestos. Ms X wants the Council to do asbestos testing to check the unit.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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 read the complaint and the Council’s responses. I checked with the Council that Ms X is a Council tenant. I considered comments Ms X made in reply to a draft of this decision.
What I found
What happened
- Ms X is a council tenant. She asked the Council to remove a box from her flat. She says the box is in a poor condition and asbestos could be disturbed. The Council says it will not take any action because the box, part of an old air heating unit, is not damaged and does not require any work. Ms X says the Council has been negligent in its approach.
Assessment
- The law says the Ombudsman cannot investigate any complaint which involves the Council acting as a landlord. The Council, acting as Ms X’s landlord, has decided not to take any further action regarding the box. This means I have no power to start an investigation and there is no part of the complaint which I can investigate.
Final decision
- I cannot start an investigation because I have no power to investigate a council when it is acting as a landlord and carrying out housing management functions.
Investigator's decision on behalf of the Ombudsman