Summary: We cannot investigate Miss B’s complaint that the Council failed to communicate with those affected by proposed works on their estate. This is because as it is about the Council’s actions in its role of managing its leasehold housing.

The complaint

1. The complainant, Miss B, complained that the Council failed to communicate with those affected by proposed works on their estate.

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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 housing let on a long lease by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5B, schedule 5, as amended)

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How I considered this complaint

4. I have considered the information Miss B provided and spoken to her by telephone about her complaint.

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What I found

5. Miss B has confirmed the works the Council arranged are to the estate where she lives rather than the public highway. So the Council has been acting in its role of managing its social and leasehold housing rather than as the highway authority. That means we cannot investigate her complaint.

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Final decision

6. We cannot investigate Miss B’s complaint as it is about the Council’s actions in its role of managing its leasehold housing.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman