Summary: We will not investigate this complaint about matters related to a leasehold property. The law prevents us investigating the substantive points. It would be disproportionate to investigate the Council’s complaint-handling in isolation.

The complaint

1. Mr X complains about the Council’s actions related to a leasehold property his relative, and then the relative’s estate, used to own.

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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 management of housing let on a long lease by a council that is a registered social housing provider. (Local Government Act 1974, paragraph 5B, schedule 5, as amended)
4. The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

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

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My assessment

7. The Council is a registered provider of social housing. Mr X is the executor of a deceased relative’s estate. He is dealing with the Council because his relative owned a residential leasehold of a property where the Council was the freeholder. The estate no longer owns the lease.
8. The legal restriction in paragraph 3 prevents us looking into matters ‘in connection with’ the Council’s management of the leasehold. Mr X’s complaint to us includes the Council’s actions about invoices and payments, whether the Council took payments it should not have to, whether the Council has acted in line with the relevant law and the Council’s alleged failure to address fundamental questions about these points. All the points complained of are ‘in connection with’ the Council’s management of the lease, even if some of the events were after the lease ended. Therefore we cannot investigate the substantive complaint.
9. Mr X also complains about how the Council dealt with his complaints about the above matters. It would be disproportionate to seek to investigate the Council’s complaint-handling when we cannot consider the substantive points complained of. So, for the reason given in paragraph 4, we will not investigate the Council’s complaint-handling.

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Final decision

10. We will not investigate Mr X’s complaint. The law prevents us investigating the substantive matters. In that context, it would be disproportionate to investigate the Council’s complaint-handling.

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Investigator's decision on behalf of the Ombudsman