Summary: We cannot investigate Miss B’s complaint about the Council not taking action about Council tenants using her land. This is because we cannot investigate complaints about the management of social housing by a council acting as a social landlord.

The complaint

1. Miss B complains the Council is failing to stop its tenants who live at the neighbouring property parking on and obstructing her land. Miss B says she owns this land and it is not included in the neighbouring Council tenancy. Miss B also complains about the Council’s handling of her complaint about this issue. Miss B would like the Council to take a range of actions including paying her compensation and stopping the Council tenants from using her land.

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

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My assessment

6. Miss B owns her property. The neighbouring property is owned and managed by the Council as a Council tenancy.
7. Miss B’s complaint is about the Council’s management of the adjoining property in its role as a social landlord. We cannot investigate complaints about the management of social housing by a council acting as a social landlord. This restriction to our powers applies to complaints about tenant behaviour and how the Council handles complaints about such matters.
8. This restriction also applies even if, as with this complaint, the person who has complained privately owns their property and is not a Council tenant or leaseholder.
9. So, we cannot investigate this complaint and have no discretion to start an investigation.

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Final decision

10. We cannot investigate Miss B’s complaint because it is about the management of social housing by the Council as a social landlord.

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Investigator's decision on behalf of the Ombudsman