Summary: We cannot investigate this complaint about the Council’s responses to Ms X’s complaints about council repairs and her claim for loss of rental income. This is because we have no remit to consider any matters in connection with the Council’s actions as a manager of housing let on a long lease.

The complaint

1. Ms X is a Council leaseholder. Ms X complains about the Council’s failures to deal with her complaints in accordance with its complaints policy.
2. She says she would like an apology and compensation for its failings.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate complaints about the management of housing let on a long lease by a council that is a registered social housing provider. (Local Government Act 1974, paragraph 5B, schedule 5, as amended)

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How I considered this complaint

5. I considered the information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms X confirms the substantive issues giving rise to the complaint have been referred to both the Housing and Financial Ombudsman services.
8. Ms X says we should be able to look at solely the complaint policy administrative failings such as delays and misinformation by the Council.
9. However, the Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

10. So, for the reasons in paragraph four, we cannot investigate any aspect of this complaint as it is connected to the management of housing let on a long lease by the Council.

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Final decision

11. We cannot investigate Mrs X’s complaint because it concerns the Council’s actions when managing housing let on a long lease.

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Investigator's decision on behalf of the Ombudsman