Summary: We cannot investigate this complaint that the Council has failed to repair an outhouse at one of its properties. 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 Miss B, complains that the Council has delayed making repairs to an outhouse which adjoins her outhouse. Miss B says the Council said it would repair the roof of both outhouses but has failed to do so. Miss B says she is unable to repair her outhouse until the Council has repaired its outhouse. Miss B says she can no longer use her outhouse and her possessions have been damaged by damp and mould.

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

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My assessment

6. Miss B owns her property. The neighbouring property is owned and managed by the Council.
7. Miss 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 local authorities. This restriction applies to complaints about the maintenance of houses and flats, in addition to gardens, boundary features and outbuildings.
8. This means we have no discretion to investigate Miss B’s complaint about the Council’s delay repairing the roof of the outhouse.

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Final decision

9. We cannot investigate Miss 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