City of York Council (22 006 774)

Category : Housing > Managing council tenancies

Decision : Closed after initial enquiries

Decision date : 09 Oct 2022

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council as a registered social housing provider because we have no jurisdiction to investigate.

The complaint

  1. Ms B says her son has remained on an introductory tenancy agreement for several years. Ms B says the Council failed to explain the facilities at the property when her son signed the tenancy. Ms B says the flooring is damaged in the property. Ms B says her son finds it difficult to raise issues and so she advocates on his behalf, but the Council will not listen to her, and she finds it upsetting.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  2. 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

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. The Council has confirmed it is providing a tenancy to Ms B’s son in its role as a social housing provider.
  2. The Ombudsman has no jurisdiction to investigate a council in its capacity as a registered provider of social housing, or any actions in connection with its housing activities. The Ombudsman has no discretion to investigate such matters.

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Final decision

  1. We will not investigate Ms B’s complaint because it is not within our jurisdiction.

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Investigator's decision on behalf of the Ombudsman

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