Summary: We cannot investigate Ms X’s complaint about the Council’s failure to comply with a determination made by the Housing Ombudsman Service. The law says we cannot investigate complaints about councils when they are acting in their capacity as a registered social landlord.

The complaint

1. Ms X complained the Council:
• Had not complied with a Housing Ombudsman Service determination dated April 2025 in respect of works needed to address disrepair in his property
• Missed complaint response deadlines when dealing with his complaint;
• Failed to make reasonable adjustments requested in relation to how it communicated with him; and
• Was late acknowledging his disability discrimination claim.
2. Ms X said the Council’s failings had caused anxiety and distress, and her family remained in unsafe housing due to the Council’s failure to carry out repair works.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

6. I considered information provided by Ms X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Ms X complained to the Housing Ombudsman Service (HOS) about disrepair in her Council property. It issued a determination in April 2025. Ms X now complains the Council has not complied with the HOS determination.
9. When carrying out repairs in Ms X’s Council property, the Council is acting as a registered social landlord. The law says we cannot investigate complaints about councils when they are acting in their capacity as a registered social landlord.
10. We will also not investigate the complaint about a failure to make reasonable adjustments as the Council was acting as a registered social landlord in respect of the communications complained about.
11. We do not investigate a council’s complaints handling unless we are also investigating the underlying complaint.
12. The law says we cannot investigate complaints about court action. Therefore, we cannot investigate a complaint about the late acknowledgment of a legal claim.
13. For all the above reasons, we will not consider this complaint further.

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Final decision

14. We cannot investigate Ms X’s complaint because the law says we cannot investigate the actions of a council where it is acting as a registered social landlord.

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Investigator's decision on behalf of the Ombudsman