Summary: We cannot investigate this complaint about disrepair to Ms X’s neighbouring property as this matter is not within our legal remit.

The complaint

1. Ms X complained that the leaking gutter on her neighbouring property, which is owned by the Council, is causing water damage to her property. Ms X wants the Council to carry out repairs to fix the problem.

Back to top

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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. The property in question is part of the Council’s social housing stock. This is a complaint therefore about the Council’s management of its social housing and as per paragraph three, we cannot investigate.

Back to top

Final decision

7. We cannot investigate Ms X’s complaint because it is not within our legal remit.

Back to top

Investigator's decision on behalf of the Ombudsman