Summary: The Ombudsman will not investigate Mr X’s complaint that the Council will not repair damage it caused to his house. The complaint relates to the Council’s management of social housing over which the Ombudsman has no legal remit. Additionally, ultimately this is a matter for the courts.

The complaint

1. Mr X complains the Council has failed to repair damage caused to his house.

Back to top

The Ombudsman’s role and powers

2. 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)
3. 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)

Back to top

How I considered this complaint

4. I have considered what Mr X said in his complaint and I have sent him my draft decision for his comments.

Back to top

What I found

5. Mr X says that in 2013 his roof was damaged by a Council aerial. Mr X has been waiting for the Council to repair his roof from that time. Mr X says he was never advised to submit an insurance claim to the Council and has now been told it is too late.
6. Mr X is a home owner but the aerial was for use by the Council’s housing tenants.

Analysis

7. The damage caused to Mr X’s property is linked to the Council’s management of its social housing. We have no legal remit to investigate complaints relating this Council function.
8. Even if this barrier did not exist, we would be unlikely to investigate. The Ombudsman is not able to make a legal judgement on whether the Council is liable for the damage to Mr X’s property or whether it should carry out a repair or pay compensation. Only the courts can do this. There is a low cost procedure open to anyone to make a money claim through the courts or Mr X could have asked a ‘no win no fee’ solicitor to take on his case. We consider it is reasonable to expect Mr X to have resorted to court action for the compensation he seeks.
9. For these reasons, we will not investigate.

Back to top

Final decision

10. My decision is that the Ombudsman should not investigate this complaint. This is because it relates to the Council’s management of its social housing and so is outside our legal remit. Additionally, this is a matter for the courts ultimately.

Back to top

Investigator's decision on behalf of the Ombudsman