Summary: We cannot investigate this complaint about the Council damaging Mrs B’s property when it replaced the roof of the adjoining property. This is because we cannot investigate complaints about the management of social housing by councils.

The complaint

1. Mrs B complains the Council damaged the roof of her property when it replaced the roof of the adjoining property, which is owned by the Council. Mrs B says this has resulted in water damage to her property.

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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 Mrs B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs B owns her property. The adjoining property is owned by the Council.
7. Mrs B’s complaint is about the Council’s handling of repair works 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 Mrs B’s complaint and have no discretion to start an investigation.

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Final decision

9. We cannot investigate Mrs B’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