Summary: We cannot investigate Ms X’s complaint alleging the Council is allowing trespass by a third party on her land. This is because we cannot investigate complaints about the management of social housing by a council acting as a social housing provider.

The complaint

1. Ms X complains about the Council failing to act against a neighbour who is trespassing and obstructing land that is part of her tenancy.

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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 Ms X. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X is a tenant of the Council. Ms X complains the Council is not protecting its property as it is allowing a third party to park on land that is part of her tenancy.
6. However, this case concerns the Council’s management of a property in its role as a landlord of social housing. The Council’s tenancy services department has been involved in considering Ms X’s concerns and has responded to her complaint. There is no indication of any other Council department involved that potentially could fall into our jurisdiction.
7. We cannot investigate complaints about the management of social housing by councils. This restriction to our powers applies to complaints from Council tenants about tenancy related issues. This means we are prohibited form investigating the issue Ms X complains about.

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Final decision

8. We cannot investigate Ms X’s complaint because it is about the management of social housing by the Council acting as a social housing provider.

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Investigator's decision on behalf of the Ombudsman