Birmingham City Council (24 002 664)
The Ombudsman's final decision:
Summary: We cannot investigate the Council’s handling of Mrs X’s concerns about damage to her late relative’s property. This is because we cannot investigate complaints in connection with the Council’s actions as a landlord of social housing.
The complaint
- In summary, Mrs X complains the Council damaged her late relative’s property when it carried out works to the adjoining Council owned property.
- Mrs X says the damage is affecting her ability to sell the property. She would like the Council to repair the damage and ask permission next time access is required.
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 information provided by Mrs X.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The context of Mrs X’s complaint is the Council’s management of the adjoining property which is Council owned.
- 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