Broxtowe Borough Council (23 014 052)
Category : Housing > Managing council tenancies
Decision : Closed after initial enquiries
Decision date : 11 Dec 2023
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about the Council’s delay repairing noisy pipes at one of its properties. This is because we cannot investigate complaints about the management of social housing by councils.
The complaint
- Miss B complains the Council took too long to repair noisy pipes at the adjoining property, which is a Council tenancy.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered information provided by Miss B.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss B owns her property. The adjoining property is owned and managed by the Council as a Council tenancy.
- Miss B’s complaint is about the Council’s management of the adjoining property, specifically delay by the Council making relevant repairs. We cannot investigate complaints about the management of social housing by councils acting as a social landlord. This restriction applies to complaints like Miss B’s complaint which are about the maintenance of Council-owned properties.
- This means we have no discretion to investigate Miss B’s complaint.
Final decision
- We cannot investigate Miss B’s complaint because it is about the management of social housing by the Council.
Investigator's decision on behalf of the Ombudsman