Summary: We cannot investigate this complaint about how the Council disposed of belongings from a property. That is because we have no jurisdiction to investigate matters where the Council is acting in its role as a social landlord.

The complaint

1. Mr X complained on behalf of his brother, Mr Y. Mr X said the Council failed to tell him it had issued a Notice to Quit on Mr Y’s property following his move into residential care. He said the Council then cleared Mr Y’s possessions out of his flat without telling him. Mr X said the Council knew that he was his brother’s next of kin. He said the Council will not tell him what it has done with Mr Y’s belongings. Mr X wants the Council to respond to his questions about his Mr Y’s belongings and compensate Mr Y for any loss if necessary.

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

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My assessment

6. We cannot investigate Mr X’s complaint about the Council’s failure to tell Mr X about the Notice to Quit or how it disposed of Mr Y’s belongings. That is because the Council was acting in its role as a social landlord when it carried out these actions. We have no jurisdiction to investigate in these circumstances. The Housing Ombudsman Service investigates complaints about councils in their role as a social landlord.

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Final decision

7. We will not investigate Mr X’s complaint because we have no jurisdiction to investigate where the Council is acting as a social landlord.

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Investigator's decision on behalf of the Ombudsman