Harlow District Council (20 009 878)
The Ombudsman's final decision:
Summary: We cannot investigate Mr C’s complaint that the Council damaged his home when it repaired neighbouring Council-owned properties. This is because the Council did this work in its role as a social landlord. We cannot investigate complaints about the management of social housing.
The complaint
- The complainant, who I will refer to as Mr C, complains the Council caused water damage to his property when it repaired the guttering at neighbouring properties, which are managed by the Council. Mr C says the Council did not engage with him as an adjoining property owner and has still not fixed the problem. Mr C also says the Council did not follow its internal tender process for the repair works. Mr C would like the Council to: repair the guttering; pay him compensation; investigate how it awards contracts for such works; and, commit to engage with neighbours of Council properties when it does repair work.
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 have considered Mr C’s complaint form and the supporting information he sent.
What I found
- Mr C complains about several matters relating to the Council’s handling of the guttering repair works to neighbouring Council-owned properties. We cannot investigate any of the matters Mr C complains about. This is because the Council did this work in its role as a social landlord. We cannot investigate complaints about the management of social housing by a local housing authority. This means we have no discretion to start an investigation.
Final decision
- We cannot investigate this complaint. This is because Mr C’s complaint is about the management of social housing by the Council.
Investigator's decision on behalf of the Ombudsman