Summary: The Ombudsman cannot investigate this complaint about repairs to a TV aerial and the Council’s decision to give staff an extra day off. This is because the Ombudsman cannot investigate a council when it is acting as a landlord and he cannot investigate personnel issues. In addition, the Ombudsman cannot achieve the outcome the complainant wants.

The complaint

1. The complainant, whom I refer to as Mrs X, complains the Council was shut on Friday 28 August. This meant an engineer was unable to access a cupboard and had to return the following week. Mrs X was upset because her TV was not working. Mrs X wants staff to be made to work on the next bank holiday.

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The Ombudsman’s role and powers

2. 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’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we believe we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended)
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 a complaint if it is about a personnel issue. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended)

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How I considered this complaint

5. I read the complaint and the Council’s response. I obtained information from the Council about the TV repair. I invited Mrs X to comment on a draft of this decision.

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What I found

What happened

6. In recognition of hard work during COVID-19, the Council decided to give staff an extra day off, on Friday 28 August. The Council still provided emergency cover and essential services.
7. Mrs X is a Council tenant. On 27 August she emailed the housing team to report that the communal TV aerial was not working. An engineer visited on 28 August. He could not fix the aerial because access to the loft is through another flat and the tenant was out. The Council arranged access with the tenant and the engineer did a repair on 3 September. Unfortunately the repair did not work and the Council is arranging to replace the aerial.
8. In the meantime Mrs X complained about Council staff having an extra day off. She says they should be made to work on the next bank holiday.

Assessment

9. I cannot start an investigation for the following reasons.
10. The repair to the TV aerial was the responsibility of the Council, acting as Mrs X’s landlord. The law says the Ombudsman cannot investigate a council when it is acting as landlord and carrying out housing management functions.
11. The Council, acting as an employer, decided to give staff an extra day off. The law says the Ombudsman cannot investigate personnel/employment issues.
12. Mrs X wants Council staff to have to work on the next bank holiday. I cannot intervene in employment practices so I could not achieve this as an outcome.

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Final decision

13. I cannot start an investigation because I cannot investigate a council when it is acting as a landlord, I cannot intervene in employment matters and I cannot achieve the outcome Mrs X wants.

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Investigator's decision on behalf of the Ombudsman