Summary: We will not investigate this complaint about how the Council has dealt with issues in the building where Ms X lives resulting from nearby development. This is because Ms X’s complaint relates to the management of housing by the Council which is a registered social housing provider.

The complaint

1. Ms X complains the Council has failed to carry out work to the building where she lives following development of a site nearby. She says the Council said it would replace lost parking spaces for residents and also carry out refurbishment of common areas amongst other things but this has yet to happen.
2. Ms X says the Council’s failure has had a negative impact on its relationship with residents of the building where she lives.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. We cannot investigate complaints about the provision or management of housing let on a long lease by a council that is a registered social housing provider. (Local Government Act 1974, paragraph 5B, schedule 5, as amended)

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The building where Ms X lives is owned and managed by the Council.
9. The Council’s commitment to resolve issues in the building is linked to the development which happened on land next to the building. However, issues such as parking associated with the building, refurbishment of communal areas and signage all fall under management of housing by the Council in its role as a social landlord. Therefore, we cannot investigate these complaints. The Housing Ombudsman deals with complaints about the management of housing for social housing tenants or housing let on a long lease by a council which is a registered social housing provider.

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Final decision

10. We will not investigate Ms X’s complaint because it relates to the management of housing by the Council which is a registered social housing provider.

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Investigator's decision on behalf of the Ombudsman