Summary: We cannot investigate this complaint about an officer’s advice to a Councillor regarding Miss Q’s queries about her water rates. This is because Miss Q’s water rates are outside our jurisdiction and we cannot investigate a complaint about the Council’s actions in relation to them.

The complaint

1. The complainant, whom I have called Miss Q, complained about the actions of the Royal Borough of Kingston upon Thames. She said a Council officer told a Councillor they could not respond to Miss Q’s queries about a refund of water rates because Miss Q had a single point of contact.

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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 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. 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))

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How I considered this complaint

5. I considered the information Miss Q provided. I considered the information the Council provided.

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What I found

6. Miss Q is a Council tenant. She corresponded with the Council about a refund of her water rates. She also contacted a Councillor about the matter.
7. Miss Q complained that a Council officer wrongly told the Councillor they could not respond to Miss Q’s queries because she had a single point of contact.
8. Miss Q’s water rates are a housing management matter which we have no jurisdiction to investigate. Because of this, we cannot investigate the Council’s actions in relation to the water rates, including what a Council officer told a Councillor. I explained the reason for this in paragraph 4 above.

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Final decision

9. We cannot investigate Miss Q’s complaint because it is about the Council’s actions in relation to a matter outside our jurisdiction.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman