Bassetlaw District Council (19 002 235)
The Ombudsman's final decision:
Summary: The Ombudsman cannot investigate this complaint about the Council’s decision not to refund the cost of a drive which the complainant added to her Council home in 2014. This is because the Ombudsman cannot investigate a council when it is acting as a landlord.
The complaint
- The complainant, whom I refer to as Mrs X, complains that she had to pay to install a drive in 2014 but the Council has recently built drives, for no cost, for other Council tenants. Mrs X wants a refund.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I read the complaint and the Council’s responses. I invited Mrs X to comment on a draft of this decision.
What I found
What happened
- Mrs X is a Council tenant. She moved to her home in 2014. The Council, as her landlord, gave permission for her to build a drive but said she must pay for it. Mrs X arranged for the drive to be built and paid the associated costs.
- In 2018 the Council obtained funding for parking works. The Council provided some properties with drives, at no cost to the tenant.
- Mrs X complains that she had to pay for a drive while other people have not had to pay. She asked the Council for a refund. The Council declined.
Assessment
- I cannot start an investigation because I have no power to investigate a council when it is acting as a landlord and carrying out housing management functions. It was the Council’s housing service which decided, in 2014, that Mrs X must pay for the drive and it was the housing service which decided Mrs X is not entitled to a refund. The housing department also decided that it could build some drives, at no cost to the tenant, in 2018. All the decisions have been made by the Council, acting as a landlord, which means I have no power to start an investigation.
Final decision
- I cannot start an investigation because I cannot investigate a council when it is acting as a landlord and carrying out housing management functions.
Investigator's decision on behalf of the Ombudsman