London Borough of Lambeth (22 017 347)
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about the Council’s failure to rectify an issue about the electricity supply for lighting in the communal area of one of its properties. This is because we are precluded by law from considering complaints about councils when they are acting as social housing landlords.
The complaint
- The complainant, who I shall call Ms B, complained that the electricity supply for lighting in the communal area of the building where she lives is being unfairly charged to her electricity meter. She said the Council had delayed unreasonably in remedying this issue, which has existed for many years.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. In particular 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, Schedule 5.5 (as amended)]
How I considered this complaint
- I considered the information Ms B provided with her complaint. I also took account of the Ombudsman’s Assessment Code.
My assessment
- We cannot pursue Ms B’s complaint as we do not have power to investigate complaints about councils when they are carrying out their functions as landlords of their social housing properties. The Housing Ombudsman Service is responsible for dealing with most complaints about the management of council housing.
- Ms B’s complaint relates to an issue affecting the lighting in the communal area of a Council property which contains social housing accommodation. The electricity supply arrangements for the lighting are the responsibility of the Council’s housing management service. Therefore Ms B’s complaint is about the Council’s actions as a landlord and, as a result, the legal restriction on us investigating issues about how councils manage their social housing applies in her case.
Final decision
- We cannot investigate Ms B's complaint about the Council’s failure to resolve an issue about the electricity supply for lighting in the communal area of one of its housing properties. This is because the law prevents us from pursuing complaints about councils when they are carrying out their functions as social housing landlords.
Investigator's decision on behalf of the Ombudsman