Summary: We cannot investigate Mr X’s complaint about the Council installing an overflow pipe in a neighbouring property. This is because the neighbouring property is a council house and we cannot investigate complaints about the management of social housing.

The complaint

1. Mr X complained the Council installed an overflow pipe in a neighbouring property which overflows onto his property and a public footpath.
2. Mr X said the water can freeze and cause black ice in cold weather.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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).
5. 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

6. I considered information provided by Mr X.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The Council installed the overflow pipe to the neighbouring property as part of its management of the property, which is a council house.
9. Mr X privately owns his property and complained to the Council about the pipe. The Council told Mr X he could complain to the Housing Ombudsman. The Housing Ombudsman deals with complaints about the management of social housing, but only from council tenants. The Housing Ombudsman told Mr X the complaint was outside its jurisdiction and could complaint to us.
10. We can consider a complaint from Mr X as a third-party, but we have no jurisdiction over social housing matters such as this. I appreciate the Housing Ombudsman cannot consider Mr X’s complaint, but this does automatically mean we can.
11. I appreciate Mr X’s concern about the pipe causing ice on his property and the public footpath. If Mr X believes this causes a hazard for the public, it would be reasonable for him to serve notice on the Council under section 56 of the Highways Act 1980. If the Council does not then deal with the hazard, he can then ask the court to consider the matter.

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Final decision

12. We cannot investigate Mr X’s complaint because the law says we cannot investigate complaints about the management of social housing.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman