London Borough of Barking & Dagenham (23 000 430)
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about the Council allowing one of its properties to remain empty and in disrepair. This is because we cannot investigate complaints about the management of social housing by councils.
The complaint
- The complainant, who I will refer to as Mr B, complains the Council has left a nearby property empty for nearly two years after a Council tenant died. Mr B says the property is in disrepair and could be a target for squatters or vandals. Mr B would like the Council to refurbish the property and bring it back into use.
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 considered information provided by Mr B.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr B’s concerns about the Council’s delay renovating this property and bringing it back into use all relate to the Council’s role as a social landlord. So, Mr B’s complaint is about the Council’s management of one of its properties as a social landlord. The law says we cannot investigate complaints about the management of social housing by councils. This means we have no discretion to investigate this complaint.
Final decision
- We cannot investigate Mr B’s complaint because it is about the management of social housing by the Council.
Investigator's decision on behalf of the Ombudsman