Birmingham City Council (20 012 966)
Category : Housing > Managing council tenancies
Decision : Closed after initial enquiries
Decision date : 08 Mar 2021
The Ombudsman's final decision:
Summary: We cannot investigate Miss C’s complaint that the Council has failed to fix a leak at a Council-owned property next to her home. This is because Miss C’s complaint is about the management of social housing by the Council. We do not have the power to investigate such complaints.
The complaint
- The complainant, who I will refer to as Miss C, complains that the Council has failed to fix a leak at a Council-owned property next to her home. Miss C says the leak has resulted in damp to her property and she has not been able to use her kitchen as a result. Miss C also says her daughter who is asthmatic had to move out because of the problem, and the family has suffered a lot of distress. Miss C would like the Council to fix the leak.
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 have considered Miss C’s complaint form.
What I found
- Miss C’s complaint is about the Council’s management of one of its properties as a social landlord. The law says we cannot investigate complaints about the management of social housing by a council acting as a registered social housing provider. This means we do not have the power to investigate the issues Miss C complains about.
Final decision
- We cannot investigate Miss C’s complaint because it is about the management of social housing by the Council.
Investigator's decision on behalf of the Ombudsman