Summary: We cannot investigate this complaint that the Council has refused to let the complainant convert an out-building into a bedroom. This is because we have no power to investigate a council when it is acting as a landlord.

The complaint

1. The complainant, whom I refer to as Mrs X, complains the Council has gone back on an agreement to allow her to convert an out-building into a bedroom. Mrs X says the Council should fund the work because of the way it has treated her.

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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 Mrs X and the Council. I also considered our Assessment Code and comments Mrs X made in reply to a draft of this decision.

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My assessment

5. Mrs X is a Council tenant. She says the Council agreed that she could convert an out-building into an extra bedroom but has gone back on that agreement.
6. The Council has confirmed that it will not extend or adapt her home. It agrees Mrs X is living in overcrowded conditions and has invited her to join the housing register so she can apply for a larger home.
7. I cannot investigate this complaint because I have no power to investigate a council when it is acting as a landlord. The Council’s housing service, Mrs X’s landlord, decided not to extend the property which means I cannot investigate the complaint.

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Final decision

8. I cannot investigate this complaint because I have no power to investigate a council when it is acting as a landlord and making housing management decisions.

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Investigator's decision on behalf of the Ombudsman