Summary: We cannot investigate this complaint about the Council’s maintenance of a social housing property as this matter is not within our legal remit.

The complaint

1. Mr X complains the Council has not maintained the garden of a property it owns next to Mr X’s home. Mr X says this has resulted in damage to his property which he wants the Council to rectify or to pay compensation for.

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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)
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. As per paragraph three, we cannot investigate the management of social housing by a council, and this includes a council’s maintenance of such a property. We cannot therefore investigate Mr X's complaint about how the Council has maintained the garden next door to his home.
8. We cannot determine damage claims as such matters can only be decided in court. We could not therefore provide the outcome Mr X seeks.

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Final decision

9. We cannot investigate Mr X’s complaint because it is not within our legal remit as it concerns the Council's management of a social housing property. The remedy Mr X seeks is also, ultimately, a matter to be decided in court.

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Investigator's decision on behalf of the Ombudsman