Summary: We cannot investigate Mr B’s complaint that his property is being damaged due to the Council’s handling of improvement works to the adjoining property. This is because we cannot investigate complaints about the management of social housing by a council in its role as a social landlord.

The complaint

1. Mr B complains his property is being damaged because of the Council’s handling of improvement works to the adjoining property, which is owned by the Council.

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

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My assessment

6. Mr B owns his property. The adjoining property is owned by the Council.
7. Mr B’s complaint is about the Council’s management of the adjoining property. We cannot investigate complaints about the management of social housing by a council in its role as a social landlord. This restriction to our powers applies to complaints, like Mr B’s complaint, which are about maintenance, disrepair and improvement works.
8. This restriction also applies even if the person making the complaint is not a council tenant or leaseholder.
9. This means we cannot investigate this complaint and have no discretion to start an investigation.

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Final decision

10. We cannot investigate Mr 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