Summary: We cannot investigate this complaint about the Council not taking action against its tenant for blocking a shared alleyway. This is because we cannot investigate complaints about the management of social housing by councils.

The complaint

1. Miss B complains the Council is not taking action against its tenant who lives at the adjoining property. Miss B says the tenant is storing his possessions in a shared alleyway between the two properties. Miss B says this is preventing her from using the alleyway but the Council has failed to do anything or respond to her correspondence.

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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’s complaint is about the Council’s management of the adjoining property which is a Council tenancy.
7. We cannot investigate complaints about the management of social housing by a council acting as a social landlord. This means we have no discretion to investigate the issue Miss B complains about.

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Final decision

8. 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