Summary: We cannot investigate Ms B’s complaint about the Council’s maintenance of one of its properties. This is because we cannot investigate complaints about the management of social housing by a council acting as a social landlord.

The complaint

1. Ms B complains about the Council’s handling of a water leak through faulty roof flashing shared between her property and the adjoining property, which is owned by the Council. Ms B says the Council took too long to investigate the matter and has refused to contribute towards her repair costs.

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The Ombudsman’s role and powers

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

4. I considered information provided by Ms B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms B owns her property. The adjoining property is owned and managed by the Council.
7. Ms B’s complaint is about the Council’s handling of a maintenance issue in its role as the social landlord of the adjoining property. We cannot investigate complaints about the management of social housing by a council acting as a social landlord.
8. This means we cannot investigate Ms B’s complaint and have no discretion to start an investigation.

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Final decision

9. We cannot investigate this 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