Summary: We cannot investigate Miss B’s complaint that her home has been damaged by a structure built at the adjoining property by a Council tenant. 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 a Council tenant at the neighbouring property built an unsafe structure which was partly on her land. Miss B says the structure has damaged her home. Miss B says the Council took too long to demolish the structure and has not done enough to put right the damage to her home. Miss B also complains that since the tenant left the Council has not secured the property, which is now infested with rodents.

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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 this property as a social landlord. We cannot investigate complaints about the management of social housing by councils. This means we have no discretion to investigate the issues Miss B complains about.

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Final decision

8. We cannot investigate this 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