Summary: We cannot investigate Mr X’s complaint about damage caused to his property after the Council carried out repairs to its neighbouring properties. The Council was acting in its function as a social housing provider and so the complaint is out of our legal remit.

The complaint

1. Mr X complains the Council caused damage to his property and he seeks recompense for this.

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The Ombudsman’s role and powers

2. 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 X said in his complaint.

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What I found

4. Mr X complains the Council caused damage to his property when it carried out work to the properties either side of his, which are Council owned, social housing properties. Mr X wants the Council to pay for repairs.

Analysis

5. This complaint arises from work carried out by the Council as a social housing provider. The law says we cannot investigate these actions and so we cannot investigate Mr X’s complaint.

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Final decision

6. We cannot investigate Mr X’s complaint as the Council’s actions as a social housing provider are not within our legal remit.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman