Summary: The Ombudsman will not investigate this complaint. He cannot investigate complaints about social housing or related matters. He is unlikely to find evidence of other fault causing the complainant injustice that justifies his involvement.

The complaint

1. The complainant, who I refer to here as Mr B has complained about problems he has had with repairs to his home. He has also complained about the Council has dealt with his concerns about the behaviour of the Mayor and Chief Executive.

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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 a complaint about action taken by or on behalf of a local authority in its capacity as a registered provider of social housing. This means action in connection with its housing activities so far as they relate to the provision or management of social housing. (Local Government Act 1974, Schedule 5.5 (as amended))
4. The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
5. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’.
6. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe:

• it is unlikely we would find fault;
• the fault has not caused injustice to the person who complained; or
• any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended)

7. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached that is likely to have affected the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

8. I have considered what Mr B said in his complaint and background information provided by the Council. Mr B commented on a draft before IO made this decision.

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What I found

Housing issues

9. We cannot investigate Mr B’s complaint about the way the Council manages housing repairs. This is because our jurisdiction does not cover complaints about the management of social housing.
10. For the reasons given in paragraph 4, we cannot investigate any other issue relating to housing repairs, including how the Council has dealt with Mr B’s concerns about this.

Actions of the Chief Executive

11. The actions Mr B complains about relate mainly to housing issues which we cannot consider. It is unlikely we would find evidence of other fault causing Mr B significant injustice.

Actions of the Mayor

12. Mr B complained to the Council about the actions of the Mayor. The Council’s Monitoring Officer, having taken legal advice, decided the Mayor had not breached the Code of Conduct for councillors.
13. We will not investigate a complaint about this. I have seen no evidence of fault in how the Monitoring Officer made this decision and we do not provide a right of appeal against it.

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Final decision

14. I have decided we will not investigate this complaint for the reasons set out in paragraphs 9 to 13.

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Investigator's decision on behalf of the Ombudsman