Swindon Borough Council (22 011 095)
The Ombudsman's final decision:
Summary: Miss X complained about the Council’s actions as her landlord, causing distress. We have discontinued our investigation because we do not have jurisdiction to consider this complaint.
The complaint
- Miss X complains the Council gave her address to third party utility companies. She also has further complaints about the Council acting in its capacity as her social housing provider.
The Ombudsman’s role and powers
- 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 spoke to Miss X and I reviewed documents provided by Miss X and the Council.
- I gave Miss X and the Council an opportunity to comment on my draft decision. I considered any comments before making a final decision.
What I found
What happened
- In November 2022 Miss X complained to the Ombudsman that the Council had given her data to a third party. The Ombudsman referred Miss X to the Information Commissioner’s Office (“ICO”) as this is the appropriate forum for data protection complaints.
- Miss X then contacted the Ombudsman again. She said the ICO referred her back to us.
- When I spoke to Miss X she said the Council managed her tenancy. She was unhappy it passed her details to third party utility companies and unhappy about other actions it had taken as her landlord.
Findings
- Miss X is unhappy with the Council’s actions in its capacity as her social housing provider.
- It is not within my jurisdiction to investigate such complaints. I am therefore discontinuing my investigation.
- Miss X may wish to contact the Housing Ombudsman, which is the appropriate forum to consider such disputes.
Final decision
- I have discontinued my investigation. This is because Miss X’s complaint is outside my jurisdiction to investigate.
Investigator's decision on behalf of the Ombudsman