Summary: We cannot investigate Mr B’s complaint about Council tenancy fraud. This is because we cannot investigate complaints about the management of social housing by councils acting as a social landlord.

The complaint

1. Mr B complains the Council is failing to investigate Council tenancy fraud he has reported.

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

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My assessment

6. Mr B’s complaint is about the Council’s handling of his reports of alleged Council housing tenancy fraud.
7. We cannot investigate complaints about the management of social housing by a council in its role as a social landlord. This restriction to our powers applies to complaints, like Mr B’s complaint, which are about tenant behaviour and alleged breaches of tenancy conditions.
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 Mr 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