Nottingham City Council (24 001 857)
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about the Council’s handling of Mrs X’s concerns about works to the adjoining Council property. This is because we cannot investigate complaints about the management of social housing by councils.
The complaint
- In summary, Mrs X complains she is suffering extreme pigeon excrement following works to the adjoining Council property. She says the Council failed to fit anti pigeon netting to the roof which means pigeons are nesting. She says she is suffering health anxiety and cannot allow her children to ply in the front or back gardens without cleaning everything first including their garden toys.
- Mrs X would like the Council to act on her concerns and fit the anti pigeon netting to the property next door.
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 Mrs X.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X’s complaint is about the Council’s management of the adjoining property which is a Council tenancy.
- We cannot investigate complaints about the management of social housing by councils acting as a social landlord. This restriction applies to complaints about repair issues.
- This means we have no remit to investigate the issues raised by Mrs X.
Final decision
- We cannot investigate Mrs X’s complaint because it is about the actions of the Council as a landlord of social housing.
Investigator's decision on behalf of the Ombudsman