Summary: We cannot investigate Mr X’s complaint about the Council’s failure to provide contact details so he can serve notice under the Party Wall Act 1996 before commencing work on his extension. This is because the complaint concerns the Council’s management of social housing and the law does not allow us to investigate such matters.

The complaint

1. The complainant, Mr X, complains the Council failed to respond to his requests for contact details for the purposes of seeking a party wall agreement. The Council owns the neighbouring property and Mr X says its delay has held up his building work. He also wishes to avoid a dispute as this would require him to pay for an independent surveyor.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’.
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. We cannot investigate complaints about the management of housing let on a long lease by a council that is a registered social housing provider. (Local Government Act 1974, paragraph 5B, schedule 5, as amended)

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How I considered this complaint

6. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

7. The Council’s involvement in this matter stems from its ownership of the neighbouring property, which is tenanted.
8. Because the issue concerns the Council’s management of social housing it falls outside our jurisdiction as set out in Paragraphs 3 and 4 above. We cannot therefore investigate it.
9. I note however that following Mr X’s complaint the Council has now provided contact details for the relevant council officer and that the officer has contacted him to discuss the matter. It has also offered Mr X £100 in recognition of its delay. It is therefore unlikely we would have investigated even if we had been able to do so, as this provides a suitable remedy for Mr X’s injustice.

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Final decision

10. We cannot investigate this complaint. This is because it concerns the Council’s management of social housing and such matters fall outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman