Sandwell Metropolitan Borough Council (24 000 300)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s refusal to carry out excavation work on its own property to assess groundwater problems in a neighbouring garden. We have no jurisdiction to investigate complaints about the management of housing owned by social housing landlords.
The complaint
- Miss X complained about the Council’s refusal to carry out excavation work on a social housing property which is next door to her own home which she owns. She says there is a problem with groundwater drainage which she believes is due to defective drainage and pipework but the Council and the water utility company have failed to carry out proper investigations.
The Ombudsman’s role and powers
- 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 the information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X says her garden is prone to accumulating surface water which she says is due to defective drainage on a neighbouring Council-owned property. She wants the Council to excavate the garden on their property and locate the source of the groundwater. The Council and the local utility company have told Miss X that they are satisfied that the cause is largely due to a freshwater spring on the site and not defective drainage and that she would have to excavate her own garden.
- We have no jurisdiction to investigate complaints about housing management by social housing landlords. This passed to the Housing Ombudsman service in 2013. Miss X is a private householder and she would need to seek a legal remedy if she believes the Council is negligent and is causing damage to her property.
Final decision
- We will not investigate this complaint about the Council’s refusal to carry out excavation work on its own property to assess groundwater problems in a neighbouring garden. We have no jurisdiction to investigate complaints about the management of housing owned by social housing landlords.
Investigator's decision on behalf of the Ombudsman