Summary: We cannot investigate Miss B’s complaint about the Council’s management of the block and estate where she lives. This is because we cannot investigate complaints about the management of housing let on a long lease by a Council or the management of Council-owned housing estates.

The complaint

1. Miss B, who is a Council leaseholder, complains the Council has wrongly removed bollards restricting vehicle access to a path close to her property which is used by residents and children. Miss B says this has created a safety risk. Miss B also complains the Council has failed to fix structural problems with the building where she lives which has resulted in a pest problem.

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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)
4. 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)

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How I considered this complaint

5. I considered information provided by Miss B and have viewed the location on Google maps and Streetview.
6. I considered the Ombudsman’s Assessment Code.

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Final decision

7. Miss B’s complaint is about the Council’s management of the freehold of the building where she lives and also the wider estate. We cannot investigate complaints from Council leaseholders about housing and estate management issues. This means we cannot investigate this complaint and have no discretion to start an investigation.

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Investigator's decision on behalf of the Ombudsman