Summary: We cannot investigate Mr X’s complaint about the repair and maintenance of his flat, because it is outside our jurisdiction.

The complaint

1. Mr X complains the Council failed to adequately repair and maintain his flat. He says repairs were completed to a poor standard, and it has not carried out further agreed repair work. He says these continuing issues have had a significant impact on his living conditions and caused him ongoing frustration and distress.

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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 X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X was a tenant of the Council. The law prevents us from investigating complaints about matters where a council was acting in its capacity as a landlord. The Housing Ombudsman is the suitable body to consider complaints about the management, repair and maintenance of council housing.
7. If Mr X believes the Council has failed to properly repair and maintain his flat, not carried out repairs to an acceptable standard, or failed to complete repairs it had agreed to. He should raise these concerns with the Housing Ombudsman. The Housing Ombudsman has the powers and expertise to investigate such complaints and is the suitable body to consider the issues raised.

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Final decision

8. We will not investigate Mr X’s complaint because it is outside of our jurisdiction.

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Investigator's decision on behalf of the Ombudsman