Summary: We cannot investigate Mrs B’s complaint that the Council has not taken action against its tenants who have damaged her property. 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 Mrs B, complains that the Council tenants in the neighbouring property have damaged her property and caused a nuisance. Mrs B says the Council has not investigated the matter properly and has not taken appropriate action against its tenants under its tenancy management procedure.

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

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My assessment

6. Mrs B owns her property but the neighbouring property is owned and managed by the Council.
7. Mrs B’s complaint is about the Council’s management of the tenancy as a social landlord. We cannot investigate this complaint. This is because the law says we have no discretion to investigate complaints about the management of social housing by councils.

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Final decision

8. We cannot investigate Mrs 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