Summary: We cannot investigate Mr B’s complaint about the Council’s management of the block where he lives. This is because we cannot investigate complaints about the management of housing estates or blocks by a council in its role as a registered social housing provider.

The complaint

1. Mr B complains the Council has failed to manage building security and contractor performance at the residential block where he lives. Mr B says this has caused significant distress and ongoing safety concerns.

Back to top

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. We cannot investigate complaints about the management of housing let on a long lease by a council that is a registered social housing provider. (Local Government Act 1974, paragraph 5B, schedule 5, as amended)

Back to top

How I considered this complaint

5. I considered information provided by Mr B.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Mr B rents his flat privately. Mr B’s landlord is the leaseholder of the flat. The Council is the freeholder of the block where the flat is located.
8. Mr B’s complaint is about the Council’s management of the housing block where he lives. The Council owns and manages this block in its role as a social housing provider and as the freeholder of the building.
9. We cannot investigate complaints about the management of social housing and housing let on a long lease by councils. This restriction to our powers applies to complaints about the management of Council-owned housing blocks and estates.
10. This restriction also applies even if, as with this complaint, the person who has complained is not a Council tenant or leaseholder.
11. This means we cannot investigate the issue Mr B complains about and have no discretion to start an investigation.

Back to top

Final decision

12. We cannot investigate Mr B’s complaint because it is about the management of social housing by the Council as a registered social housing provider.

Back to top

Investigator's decision on behalf of the Ombudsman