Summary: We cannot investigate Mr B’s complaint that the Council is failing to maintain a property it owns. This is because we cannot investigate complaints about the management of social housing by a council acting as a social landlord.

The complaint

1. Mr B complains the Council is failing to maintain the vacant Council-owned property which adjoins his property. Mr B says the overgrown garden has damaged his fence and has resulted in a rat infestation. Mr B says the Council has failed to take action despite accepting fault and saying it will do the required work.

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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 owns his property. The adjoining property is owned and managed by the Council.
7. Mr B’s complaint is about the Council’s management of the adjoining property in its role as a social landlord. We cannot investigate complaints about the management of social housing by councils.
8. This restriction to our powers applies to complaints about the handling of maintenance and disrepair issues at Council-owned properties. This restriction also applies even if, as with this complaint, the person who has complained is not a Council tenant.
9. This means we cannot investigate the issue Mr B complains about and have no discretion to start an investigation.

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Final decision

10. 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