Summary: We cannot investigate how the Council dealt with Mr X’s reports of damage caused to his property due to disrepair at the adjoining Council property as it is not within our remit.

The complaint

1. Mr X complains the Council has failed to properly investigate repair issues at its property which adjoins Mr X’s property. Mr X says his property has been caused damage as a result. Mr X says he has been put to time and trouble and has been caused distress.

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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. We cannot investigate how the Council has dealt with Mr X’s complaints to it about damage caused to his property due to disrepair at the adjoining Council owned property which is a social housing property. As per paragraph three, we cannot investigate the Council when it is acting in its role as a provider of social housing and managing that housing.

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Final decision

7. We cannot investigate Mr X’s complaint because it is not within our legal power to do so.

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Investigator's decision on behalf of the Ombudsman