Summary: The law says the Ombudsman cannot consider this complaint about the Council’s actions as a registered social housing provider.

The complaint

1. The complainants, who I refer to here as Mr and Mrs C, have complained about the way in which the Council decided to carry out works on land next to their home.

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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. It says 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

3. I have considered what Mr and Mrs C said in their complaint.

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What I found

4. Mr and Mrs C live next to properties owned and managed by the Council. The Council intends to carry out works on land it owns and which is part of housing it manages. The Council considers the works will improve the amenity of its tenants and the wider community. It says the cost of the works will be met from rents paid by its tenants.

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Final decision

5. I consider Mr and Mrs C’s complaint is about the Council acting as a registered social housing provider and so we have no jurisdiction to consider it.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman