Summary: We cannot investigate this complaint about Council tenants not keeping their garden tidy. 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. Mrs B complains the Council is failing to take action against its tenants for not keeping their garden clean and tidy.

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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’s complaint is about the Council’s management of one of its properties as a social landlord. We cannot investigate complaints about the management of social housing by a council. This restriction applies to complaints, like Mrs B’s complaint, which are about tenant behaviour.
7. This restriction also applies even if the person making the complaint is not a council tenant or leaseholder.
8. This means we cannot investigate this 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