Summary: We will not investigate this complaint about the Council’s failure to respond to Ms X’s complaint regarding a notice to seek possession in 2021. This is because we cannot investigate complaints about the management of social housing by councils.

The complaint

1. Ms X complained the Council served her with a notice to seek possession of the property she lives in and did not respond to enquiries and complaints she made about this.
2. Ms X said she has been caused distress by the Council’s actions.

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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 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

5. I considered information provided by Ms X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. In 2021 Ms X received a letter from the Council notifying her of its intention to repossess the property she lives in.
8. Ms X sent the Council several letters requesting information and support but did not receive a response. The Council eventually responded to Ms X advising it would only discuss issues regarding the tenancy with her partner as he is the official tenancy holder. The Council apologised for the delay in responding to her complaint and offered her a £250 goodwill award.
9. Ms X brought the complaint to the Ombudsman as she remains unhappy with the situation. The Ombudsman does not have discretion to investigate complaints about Councils acting in their capacity as social housing landlords; this is a complaint best dealt with by the Housing Ombudsman.

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Final decision

10. We will not investigate Ms X’s complaint because we cannot investigate complaints about the management of social housing by councils.

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Investigator's decision on behalf of the Ombudsman