Summary: We cannot investigate Miss B’s complaint that her home has been damaged due to the Council’s failure to maintain one of its properties. 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 has failed to maintain and repair a property it owns which is above her flat. Miss B says her property has been seriously damaged as a result and she would like the Council to pay her substantial compensation.

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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 property above 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 councils.
8. This restriction to our powers applies to complaints about the handling of maintenance and improvement works at Council-owned properties. This restriction also applies even if, as with this complaint, the person who has complained is not a Council tenant.
9. This means we cannot investigate the issue Miss B complains about 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