Summary: The Ombudsman cannot investigate this complaint about the complainant’s service charges. This is because he has no power to investigate a council when it is acting as a landlord.

The complaint

1. The complainant, whom I refer to as Mr X, complains that his service charges are too high and the Council will not respond to his letters.

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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 read the complaint and the Council’s responses. I found out from the Council that Mr X is a Council tenant. I invited Mr X to comment on this draft decision.

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What I found

What happened

5. Mr X is a Council tenant. He complains that his service charges are too high and he has to choose between eating and heating. He also says the Council will not respond to him. I have seen a letter the Council sent to Mr X in 2019 which explained how the service charges are calculated.

Assessment

6. The law says the Ombudsman cannot investigate any complaint which involves the Council acting as a landlord. The Council is acting as a landlord when it sets Mr X’s rent and service charge and it would respond, as a landlord, to any queries about the charge. I have no power to start an investigation because Mr X is complaining about the actions the Council takes as a landlord.

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Final decision

7. I cannot start an investigation because I have no power to investigate complaints about a council carrying out housing management functions and acting as a landlord.

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Investigator's decision on behalf of the Ombudsman