Summary: Mr X complains about the Council’s handling of major repair works at a Council housing estate. We will not investigate the complaint because it concerns the Council acting under its housing management function and so falls outside our jurisdiction.

The complaint

1. The complainant, who I refer to as Mr X, complains about the way the Council has handled major repair works on a Council housing estate which have affected the flat he rents privately from a leaseholder. He also has a number of questions about the work which he wants the Council to answer.

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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)
4. The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.

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How I considered this complaint

5. In considering the complaint I reviewed the information provided by Mr X. I gave him the opportunity to comment on my draft decision and considered what he said.

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What I found

6. Mr X privately rents an ex-Council flat and his landlord is the leaseholder. The Council is the freeholder and has been carrying out major repair works on the estate where Mr X’s flat is sited.
7. Mr X complained to the Council about its handling of the works and the actions of its contractors in carrying them out. The Council addressed Mr X’s complaint under its complaints procedure and advised him of the existence of the Housing Ombudsman Service (HOS) if he remained dissatisfied. The HOS was set up by Parliament to consider complaints received from a person who is or has been in a landlord/tenant relationship with a member registered with the HOS which includes all registered providers of social housing.
8. Unhappy with the Council’s response, Mr X complained to us.

Assessment

9. The restriction highlighted at paragraph 3 applies to Mr X’s complaint. It means the complaint falls outside our jurisdiction and cannot be investigated because the Council is acting under its housing management function.
10. It is open to Mr X to make an FOI request for the information he seeks and if he is dissatisfied with the Council’s response, he can contact the Information Commissioner.
11. In responding to my draft decision, Mr X says he has been told by the HOS that his complaint falls outside its jurisdiction too and that it referred him to us. Unfortunately, Mr X’s complaint is one that cannot be considered by either scheme until such a time as Parliament decides to change the jurisdictional scope of either our service or that of the HOS.

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Final decision

12. We cannot investigate this complaint. This is because it concerns the Council acting under its housing management function and so falls outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman