Leeds City Council (21 008 749)

Category : Planning > Building control

Decision : Closed after initial enquiries

Decision date : 05 Nov 2021

The Ombudsman's final decision:

Summary: We cannot investigate this complaint about works carried out by the Council to the complainant’s neighbour’s property. This is because we cannot investigate complaints about the management of social housing by councils.

The complaint

  1. The complainant, whom I shall refer to as Mr X, has complained that works carried out to his neighbour’s property by the Council did not comply with building regulations. Mr X says the building contractor damaged his property and acted aggressively. Mr X has also complained about how the Council dealt with his complaint.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  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)

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How I considered this complaint

  1. I considered information provided by Mr X and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. We cannot investigate complaints about the management of social housing by councils. This includes complaints about the maintenance of council housing. Mr X’s complaint is about works carried out by the Council as a social landlord and therefore we cannot investigate this complaint.
  2. Mr X has also complained about the Council’s complaint handling. However, where the Ombudsman has decided not to investigate the substantive issues complained about, we will not usually use public resources to consider more minor issues such as complaint handling.

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Final decision

  1. We cannot investigate Mr X’s complaint because it is about the management of social housing and therefore outside the Ombudsman’s jurisdiction.

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Investigator's decision on behalf of the Ombudsman

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