Summary: We cannot investigate this complaint about damage caused to Mrs X’s property from disrepair at a neighbouring property which is social housing owned by the Council as the complaint is outside our legal remit.

The complaint

1. Mrs X complains her property was damaged due to disrepair at a neighbouring property which is Council owned. Mrs X wants the Council to pay for the repairs.

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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)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. As per paragraph three, we cannot investigate this complaint as it relates to the Council’s actions managing its social housing. The complaint is therefore outside our legal remit.

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Final decision

7. We cannot investigate Mrs X’s complaint because it concerns the Council’s function as a social housing provider and as such, is not within our remit.

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Investigator's decision on behalf of the Ombudsman