Summary: We cannot investigate Mrs C’s complaint that her home has been damaged due to the Council’s failure to put right defects at the adjoining property. This is because we cannot investigate complaints about the management of social housing by a council acting as a social landlord.

The complaint

1. Mrs C complains her property has been significantly damaged due to the Council’s failure to promptly put right water drainage related defects at the adjoining property, which is owned by the Council. Mrs C says she and her husband have had to move out of their property, and they have suffered significant distress due to the Council’s mishandling of this matter. Mrs C would like the Council to promptly carry out all required repairs and put right the damage to her property. Mrs C would also like the Council to pay her compensation.

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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 Mrs C.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs C owns her property. The adjoining property is owned and managed by the Council as a Council tenancy.
7. Mrs C’s complaint is about the Council’s management of the adjoining property in its role as a social landlord. We cannot investigate complaints about the management of social housing by councils.
8. This restriction to our powers applies to complaints about the handling of maintenance and disrepair issues at Council-owned properties.
9. This restriction also applies even if, as with this complaint, the person who has complained is not a Council tenant.
10. This means we cannot investigate the issue Mrs C complains about and have no discretion to start an investigation.

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Final decision

11. We cannot investigate Mrs C’s complaint because it is about the management of social housing by the Council.

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Investigator's decision on behalf of the Ombudsman