Summary: We cannot investigate this complaint about damage caused to Mr X’s property from the adjoining council owned property as it is not within our legal remit.

The complaint

1. Mr X complains the Council has not put right damage caused to his property by the adjoining property which is Council owned social housing. Mr X says this is causing him distress and worry and impacting on the saleability of his property.

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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 the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. As per paragraph three, we cannot investigate Mr X’s complaint because it concerns the actions of the Council in its role as a manager of social housing. The law says we cannot investigate such matters.

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Final decision

7. We cannot investigate Mr X’s complaint because it is not within our remit to investigate the Council acting from its role as a social housing provider.

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Investigator's decision on behalf of the Ombudsman