Summary: Miss X seeks compensation for injuries she sustained after attempting to carry out work at her council property that she says the Council told her to do, as it would not do it. We cannot investigate this as we have no legal remit to look at complaints relating to the Council’s management of its social housing. Additionally, this is a matter for the courts.

The complaint

1. Miss X seeks compensation for injuries she sustained after falling while attempting to carry out work at her council property that she says the Council told her to do, as it would not do it.

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The Ombudsman’s role and powers

2. 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)
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I have considered what Miss X said in her complaint.

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What I found

5. Miss X lives in a Council property and asked the Council to clean the outside wall that had a dirty mark on it. Miss X says the Council inspector told her it was not the Council’s responsibility to do the job and that she should do it. Miss X attempted to do so but fell from a ladder and was significantly injured. Miss X complains the Council will not award her compensation for the injuries she sustained.

Analysis

6. The law, paragraph 2, says we cannot investigate complaints relating to the Council’s management of its social housing, including complaints relating to repairs. As Miss X’s case is such a matter, we cannot investigate.
7. Additionally, we are unable to make compensation awards. This is a matter for the courts, as explained in paragraph 3.

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Final decision

8. We cannot investigate Miss X’s complaint as it relates to the Council’s management of its social housing and so is outside our legal remit. Additionally, only the courts can award the compensation Miss X seeks and so we cannot achieve the outcome Miss X seeks.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman