Summary: We cannot investigate this complaint about the use of a light at a Council social housing property as it is not within our remit.

The complaint

1. Miss X complains about a light at a neighbouring property which is a Council social housing property. Miss X says the light shines into bedrooms causing privacy issues. Miss X wants the Council to make its tenant move the light.

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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. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

7. As per paragraph three, we cannot investigate the Council’s action relating to it acting as a social housing provider. We cannot therefore investigate its decision not to require its tenant to move the light.
8. The Council has a separate duty to assess nuisance. It says it has done this, and as the light does not represent a statutory nuisance, it cannot take action.
9. We will not investigate this aspect of the complaint as it for the Council to make such determinations and there is insufficient evidence that its decision is faulty.

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Final decision

10. We cannot investigate Miss X’s complaint because part is outside our legal remit, the social housing aspect, and it is unlikely we will find fault by the Council in respect of its duty regarding statutory nuisance.

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Investigator's decision on behalf of the Ombudsman