Summary: We cannot investigate this complaint about the Council’s interactions with a member of a Tenants’ and Residents’ Association. That is because the law says we cannot investigate the Council in its role as a a social landlord.

The complaint

1. Mr X complained about the Council’s interactions with him as a member of a Tenants’ and Residents’ Association (TRA). He said the Council did not respond to requests for information, attend meetings as agreed and did not consult with the TRA properly around proposed estate development. He said the Council unlawfully tried to prevent the TRA using a community venue. He said the Council has failed to provide information he had asked for. Mr X said the Council’s actions have prevented him from meaningfully engaging with the Council.

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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)
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
5. The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.

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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. We cannot investigate Mr X’s complaints about the Council’s poor communication and wider interactions with him. Mr X is a social housing tenant, and his complaints are around how the Council is fulfilling its landlord duties and communicating with him as a tenant and member of the TRA. We have no jurisdiction to investigate the Council’s actions when it concerns the provision or management of social housing.
9. We will also not investigate his complaint the Council has not provided information he has asked for. It is reasonable for Mr X to complain to the Information Commissioner’s Office. It is best placed to consider complaints around freedom of information.

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Final decision

10. We cannot investigate Mr X’s complaint because it relates to the Council’s actions as a social landlord.

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Investigator's decision on behalf of the Ombudsman