London Borough of Waltham Forest (23 021 269)
The Ombudsman's final decision:
Summary: We cannot investigate this complaint that the Council has delayed providing the complainant with a loft and kitchen conversion. This is because we cannot investigate a council when it is acting as a landlord.
The complaint
- The complainant, whom I refer to as Ms X, complains the Council said it would provide a loft and kitchen conversion but has not done the work. Ms X needs the conversions to alleviate overcrowding. Ms X wants the Council to do work to her property including the conversions.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered information provided by Ms X and the complaint correspondence. I also considered some information from the Council and our Assessment Code.
My assessment
- Ms X is a Council tenant. She says the Council offered a loft and kitchen conversion before Covid but has not done the work.
- The Council told me the conversion programme is currently on hold and Ms X’s property is not on the list. Ms X can contact her housing officer to be re-referred.
- All the decisions about the property conversion programme are made by the housing service. We have no power to investigate a council when it is acting as a landlord and making housing management decisions (decisions made by the housing service). This means I cannot investigate the complaint.
Final decision
- We cannot start an investigation because we have no power to investigate a council when it is acting as a landlord and making housing management decisions.
Investigator's decision on behalf of the Ombudsman