Summary: We cannot investigate Mr B’s complaint that the Council has failed to fix a water leak at one of its properties which has resulted in damage to his home. This is because we cannot investigate complaints about the management of social housing by councils.

The complaint

1. The complainant, who I will refer to as Mr B, complains the Council has failed to fix a water leak at the adjoining property, which is owned by the Council. Mr B says the leak is causing damage to his home.

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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 Mr B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr B owns his property but the adjoining property is owned by the Council. Mr B’s complaint is about the Council’s management of one of its properties as a social landlord. We cannot investigate complaints about the management of social housing by councils. This restriction applies to complaints, like Mr B’s complaint, that a council has failed to maintain one of its properties. This means we have no discretion to investigate Mr B’s complaint.

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Final decision

7. We cannot investigate Mr B’s complaint because it is about the management of social housing by the Council.

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Investigator's decision on behalf of the Ombudsman