Summary: We will not investigate Mr X’s complaint about the Council’s handling of a complaint against a tenant management organisation. This is because there is no worthwhile outcome achievable.

The complaint

1. Mr X says the Council did not investigate his complaints about a tenant management organisation fairly or independently. He wants an independent investigation.

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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 investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide:

• there is no worthwhile outcome achievable by our investigation.
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The tenant management organisation Mr X is complaining about provides housing management services on behalf of the Council.
8. As outlined in paragraph 4, we have no remit to investigate the Council’s actions when it is acting as a provider/manager of social housing.
9. I appreciate Mr X says he is complaining about the complaint handling process. However, 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))
10. We will not investigate as there is no worthwhile outcome achievable and we cannot achieve the outcome Mr X wants. The complaint handling is intertwined with the underlying complaint issues. There is no worthwhile outcome in investigating if the Council properly considered matters we cannot investigate, nor would it be a proportionate use of public funds.

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Final decision

11. We will not investigate Mr X’s complaint because there is no worthwhile outcome achievable.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman