Summary: We cannot investigate Miss B’s complaint that she suffered injuries due to the Council’s failure to maintain a Council property. This is because we cannot investigate complaints about the management of social housing by councils.

The complaint

1. The complainant, who I will refer to as Miss B, complains that she suffered injuries after tripping over a fallen wooden beam outside her home, which is a Council tenancy. Miss B says the incident was the result of the Council not maintaining the shed at the front of her property. Miss B complains the Council has not accepted liability for the injuries she suffered. Miss B would like the Council to pay her compensation.

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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 Miss B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss B’s complaint is about the Council’s maintenance of a Council-owned property. We cannot investigate complaints about the management of social housing by a council acting as a social landlord. This means we have no discretion to investigate Miss B’s complaint.
7. In addition, even if we had discretion to investigate we would not start an investigation. This is because the courts are in the best position to decide personal injury claims.

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Final decision

8. We cannot investigate Miss B’s complaint because it is about the management of social housing by the Council.

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Investigator's decision on behalf of the Ombudsman