Summary: We cannot investigate this complaint about the Council’s handling of Mrs X’s concerns about to a adjoining Council tenancy. This is because we cannot investigate complaints about the management of social housing by councils.

The complaint

1. In summary, Mrs X complains about Council delays in carrying out remedial subsidence work to an adjoining Council property. She also says her concerns have not been responded to properly including via the complaints procedure.
2. Mrs X says she is prevented from selling her house and suffered financial loss when her tenants left. She would like the Council to carry out works urgently.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

5. I considered information provided by Mrs X.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs X’s complaint is about the Council’s management of the adjoining property which is a Council tenancy.
8. We cannot investigate complaints about the management of social housing by councils acting as a social landlord. This restriction applies to complaints about disrepair issues.
9. The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin)). So we cannot consider the complaint about the way the Council has handled Mrs X’s concerns.
10. This means we have no discretion to investigate the issue Mrs X complains about.

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Final decision

11. We cannot investigate Mrs X’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