Summary: The Ombudsman cannot investigate Mr C’s complaint the Council did not adequately consult with freehold residents about erecting scaffolding on council owned properties and the length of time it was in place. Mr C also complains the Council did not keep to the time period stated in its complaints policy. The Ombudsman cannot investigate this complaint because it is about the Council’s actions as a social housing landlord.

The complaint

1. Mr C complains the Council did not take his concerns as a freehold resident into consideration when it carried out work to its social housing in his area. Mr C says erecting scaffolding and the duration of time this was in place could have encouraged anti-social behaviour. Mr C also complains the Council did not adhere to its complaints policy as it did not reply to him in the stated time frame.

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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)
4. The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

5. I have spoken to Mr C by telephone and have considered the correspondence he has sent in support of his complaint. I have also considered the Council’s responses to the complaint.

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What I found

6. Mr C is a freehold home owning resident on an estate with properties occupied by both freehold and social housing tenants.
7. The Council as a registered social housing provider conducted works to some council owned properties in the area. Mr C complains about the Council’s consultation with freehold home owners when undertaking work to local social housing. He says the Council did not take his views into consideration when erecting scaffolding or the length of time the scaffolding was in place and suggests it could have encouraged anti-social behaviour in the area.
8. The Council says it was content with its consultation with freehold residents and says it told the local residents association of scheduled works and installing scaffolding around some council owned housing on the estate. The Council says it had no reports of anti-social behaviour while scaffolding was in place.
9. Mr C says the Council did not adhere to their policy of responding to his complaint within a set time frame. The Ombudsman cannot separately investigate a complaint about any action by a council in connection with a matter we cannot investigate, including the way it handled the complaint.

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Final decision

10. The Ombudsman cannot investigate Mr C’s complaint because it is about the Council’s management of social housing.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman