Manchester City Council (19 006 553)

Category : Housing > Other

Decision : Closed after initial enquiries

Decision date : 24 Sep 2019

The Ombudsman's final decision:

Summary: Ms X complained about the Council’s demolition of the council housing which was joined to her property. She says her insurance premiums are higher now the property is semi-detached. The Ombudsman should cannot investigate this complaint. This is because the complaint concerns the management of social housing and this is a private matter between Ms X and the Council’s landlord service.

The complaint

  1. The complainant, whom I shall call Ms X, complains about the Council demolishing one of its properties which previously was attached to hers which she owns. She wants the Council to compensate her for the higher insurance premiums now her property is classed as semi-detached.

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The Ombudsman’s role and powers

  1. 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)
  2. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

  1. I have considered all the information which Ms X submitted with her complaint and she has been given the opportunity to comment on the draft decision.

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What I found

  1. Ms X owns her home which was attached as a terrace with a Council-rented property. The Council demolished its property which left Ms X’s as a semi-detached home. Ms X says her home was not properly secured when the other property was demolished. She says her insurance premiums have increased since the property became semi-detached.
  2. The Council says there should be no reason for any significant increase but paid Ms X £700 as a gesture of goodwill for the increased premiums.
  3. Since 2013 the Ombudsman has had no authority to investigate complaints concerning the management of housing by social housing landlords. The property demolished was part of the Council’s housing stock and we cannot investigate this decision or the landlord’s interaction with Ms X. If Ms X feels the works have affected her home she would need to seek legal advice because this is a private matter between two neighbouring land owners.

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Final decision

  1. The Ombudsman should cannot investigate this complaint. This is because the complaint concerns the management of social housing and this is a private matter between Ms X and the Council’s landlord service.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman

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