Summary: We cannot investigate Mr X’s complaint the Council issued a warning letter about his behaviour. The law says we cannot investigate the actions of the Council when it is acting as a social landlord.

The complaint

1. Mr X complained the Council wrongly accused him of swearing on the telephone. He said that resulted in a warning letter about his behaviour. He also said he was assaulted by a Council Officer.

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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. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. We cannot investigate Mr X’s complaint the Council sent him a warning letter about his behaviour. In that letter, the Council told him his behaviour was in breach of his tenancy agreement. Therefore, that warning letter was issued by the Council in its capacity as a social landlord. The law says we cannot investigate the actions of the Council when it is acting as a social landlord.
8. We will not investigate Mr X’s complaint he was assaulted by a Council Officer. The Council has investigated and said there is no evidence to support that allegation. Further investigation by us would not lead to a different outcome.

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Final decision

9. We cannot investigate Mr X’s complaint because as it is about the Council’s actions as a social landlord.

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Investigator's decision on behalf of the Ombudsman