Summary: We will not investigate Miss B’s complaint about the Council not responding to her formal complaint about a housing matter. This is because an investigation solely into the Council’s handling of this complaint would not be a good use of our limited resources.

The complaint

1. Miss B complains the Council has failed to acknowledge, log or respond to a formal complaint she has made about the Council not taking action against Council tenants who are breaching tenancy conditions.

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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)
4. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
5. The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

6. I considered information provided by Miss B.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. We cannot investigate the substantive matter Miss B complained to the Council about because this is about the management of social housing by the Council as a social landlord. We cannot investigate such complaints.
9. Miss B has complained to us solely about the Council’s handling of her complaint. But, it is generally not a good use of public resources to investigate complaints about complaint procedures if, as with this complaint, we do not have the power to investigate the substantive matter complained about.
10. It is highly unlikely an investigation into Miss B’s complaint would achieve a significant outcome which would justify the public money spent on an investigation. Miss B may also seek help from other affected stakeholders and residents to get the Council to respond.
11. So, we will not investigate this complaint.

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Final decision

12. We will not investigate Miss B’s complaint because it would not be a good use of our limited resources.

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Investigator's decision on behalf of the Ombudsman