Summary: We will not investigate this complaint alleging the condition of a council-owned property is causing damage to the complainant’s home. This is because the law bars us from investigating the Council’s actions as a registered social housing provider.

The complaint

1. In short, Mr X complains about damage to his property caused by an overgrown garden in an unclean state in a neighbouring council property. Mr X would like the Council to cut back the trees, clear the drains and compensate him.

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

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My assessment

6. We cannot investigate. The law prevents us from investigating complaints about the management of social housing by a council acting as a registered social housing provider. The Council’s responses to Mr X’s complaints have been in its capacity as a registered social housing provider.

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Final decision

7. We will not investigate Mr X’s complaint, as it is about the Council’s role as a registered social housing provider, which the law bars us from investigating.

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Investigator's decision on behalf of the Ombudsman