Summary: We will not investigate Mr X’s complaint alleging the Council is denying owning properties that are causing damage and nuisance to him. There is not enough evidence of fault in the Council’s response to justify investigating.

The complaint

1. Mr X says the Council is denying that it owns properties causing damage and nuisance to him and his property. He would like the Council to carry out repairs, provide him with compensation and ensure it inspects its properties regularly in future.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We provide a free service but must use public money carefully. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
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 the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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Final decision

6. We will not investigate Mr X’s complaint. There is no evidence showing the Council owns the properties identified. Even it did, we have no remit to investigate complaints about the Council as a provider of social housing. Therefore, there is not enough evidence of fault in the Council’s response to justify an investigation.

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Investigator's decision on behalf of the Ombudsman