Summary: We cannot investigate Mr and Mrs B’s complaint that the Council damaged their home when making repairs to the adjoining property. This is because we cannot investigate complaints about the management of social housing by a council acting as a social landlord.

The complaint

1. Mr and Mrs B complain Council workers damaged their property when undertaking repair works to the adjoining property, which is owned by the Council. Mr and Mrs B say they have been dealing with this matter for nearly two years and the Council’s offer of a goodwill payment is woefully inadequate for the damage and distress they continue to suffer.

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

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My assessment

6. Mr and Mrs B own their property. The adjoining property is owned and managed by the Council.
7. This complaint is about the Council’s handling of repair works to one of its properties in its role as a social landlord. We cannot investigate complaints about the management of social housing by a council acting as a social landlord. This restriction to our powers applies to complaints like this complaint which are about repair and improvement works. This restriction also applies even if the person making the complaint privately owns their property, like Mr and Mrs B.
8. This means we cannot investigate Mr and Mrs 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 as a social landlord.

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Investigator's decision on behalf of the Ombudsman