Summary: We cannot investigate Ms B’s complaint about the Council not issuing her a refund after she was over-charged for water use at her Council tenancy. This is because we cannot investigate complaints about the management of social housing by a council.

The complaint

1. Ms B complains about the Council’s handling of her request for a refund after the Council over-charged tenants for water use.

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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 Ms B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms B is a Council tenant. Ms B’s complaint is about how the Council has charged her and other tenants for water use. So, her complaint is about the Council’s actions in its role as a social landlord.
7. We cannot investigate complaints about the management of social housing by a council acting as a social landlord. This restriction applies to complaints which are about rent or charges a council may ask a tenant to pay.
8. This means we cannot investigate this complaint and have no discretion to start an investigation.

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Final decision

9. We cannot investigate Ms B’s complaint because it is about the management of social housing by the Council.

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Investigator's decision on behalf of the Ombudsman