Summary: We cannot investigate Miss X’s complaint about damage caused to her property due to the disrepair of a neighbouring Council property as it is outside our legal remit.

The complaint

1. Miss X complains her property has been damaged due to the disrepair of a neighbouring Council property. Mr X wants compensation and repairs to be carried out.

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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 complains her property has suffered water damage due to the disrepair of a chimney and guttering on a neighbouring Council property. Mr X says the Council has admitted liability but has not taken reparative action. Miss X wants compensation and for repairs to be carried out.

Analysis

6. We cannot investigate a complaint which relates to how the Council manages its social housing, including repairs and how these may impact a third party. Miss X’s complaint is outside our legal remit.
7. Additionally, as Miss X complains of damage caused by negligence and seeks compensation for this, this is a matter ultimately for the courts.

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Final decision

8. Miss X’s complaint is outside our legal remit as it relates to the Council’s management of its social housing. We cannot therefore investigate.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman