Summary: We will not investigate this complaint about matters related to a leasehold property. The law prevents us investigating the substantive matters resulting in the complaint. It would therefore be disproportionate to investigate the Council’s complaint-handling.

The complaint

1. Mrs X complains about the former Scarborough Borough Council’s actions about a property she leases. She also complains about the Council’s complaint-handling.
2. Scarborough Borough Council no longer exists. North Yorkshire Council has taken over its responsibilities. Therefore, we have registered this complaint against North Yorkshire Council.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. 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)

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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. The Council is a registered social housing provider. It is the freeholder of a dwelling it lets on a long lease. The events that led to Mrs X’s complaint were about the Council’s actions regarding that property. Therefore, the restriction in paragraph 3 prevents us investigating the substantive complaint.
7. Mrs X is dissatisfied with the Council’s handling of her formal complaint. The courts have said we can decide not to investigate a complaint about any action by a council concerning a matter which is outside our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin)) As the substantive matters complained of are outside our jurisdiction, it would be disproportionate to investigate the Council’s complaint-handling in isolation.

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Final decision

8. We will not investigate Mrs X’s complaint because the law prevents us investigating the substantive matters about the property. It would be disproportionate to investigate the Council’s complaint-handling.

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Investigator's decision on behalf of the Ombudsman