Solihull Metropolitan Borough Council (24 014 042)
Category : Housing > Managing council tenancies
Decision : Closed after initial enquiries
Decision date : 11 Nov 2024
The Ombudsman's final decision:
Summary: We cannot investigate Miss B’s complaint that the Council damaged her property when investigating a matter relating to the adjoining property, which is owned by the Council. This is because we cannot investigate complaints about the management of social housing by a council acting as a social landlord.
The complaint
- Miss B complains about the conduct of a Council officer who visited her property to investigate an issue with the adjoining property, which is owned by the Council. Miss B says the officer damaged her property. Miss B says the Council has not made a suitable offer of compensation for her repair costs.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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 considered information provided by Miss B.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss B owns her property. The adjoining property is owned and managed by the Council.
- The actions Miss B complains about were undertaken in the Council’s role as the social landlord of the adjoining property. We cannot investigate complaints about the management of social housing by a council acting as a social landlord.
- This means we cannot investigate Miss B’s complaint. This restriction to our powers also applies to the Council’s handling of Miss B’s complaint and compensation claim.
- Also, even if we had the power to investigate this complaint, we would not start an investigation.
- This is because we take the view complaints about property damage are best decided by an organisation’s insurers, and if needed, the courts. Only a court can decide if an organisation has been negligent and order a party to pay damages.
Final decision
- We cannot investigate Miss B’s complaint because it is about the management of social housing by the Council.
Investigator's decision on behalf of the Ombudsman