Summary: We cannot investigate this complaint about damage caused to the complainant’s home due to a fire. This is because the complainant is a Council tenant and we have no power to investigate a Council when it is acting as a landlord.

The complaint

1. The complainant, whom I refer to as Ms X, complains about events following a fire in the flat above her Council home. Ms X wants compensation and for officers to be disciplined.

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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 found out the Council’s legal team is dealing with a compensation claim from Ms X. I invited Ms X to comment on a draft of this decision.

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What I found

What happened

5. Ms X is a Council tenant. Her home was damaged by water following a fire in the flat above. Ms X says the water damage was partly caused by inadequate drainage for the sprinkler system. Ms X says that many of her personal belongings have been damaged, she has incurred expenses due to having to use hotels, it has affected her family’s health, and the Council disregarded information from a fire officer. Ms X also says it was hard getting the Council to provide temporary accommodation. Ms X wants compensation for the Council’s negligence.
6. The Council’s insurers rejected a claim Ms X made on its insurance. It said Ms X should have had her own insurance to protect her belongings.
7. The Council’s legal team is now considering a compensation claim from Ms X.

Assessment

8. The problems Ms X has experienced all stem from being a Council tenant; her home and belongings were damaged, she has had the stress of staying in hotels and the uncertainty of not knowing when she will be able to go home. But, everything that has happened, and everything she complains of, relates to the Council’s actions and responsibilities as her landlord; and the law says we cannot investigate any complaint that relates to a council acting as a landlord. For this reason I have no power to start an investigation.

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Final decision

9. I will not start an investigation because we have no power to investigate a council when it is acting as a landlord.

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Investigator's decision on behalf of the Ombudsman