Summary: We cannot investigate Mr X’s complaint about advice given to him by the Council about how to escalate his housing complaint. We have no legal remit to investigate complaints about social housing or any associated complaints.

The complaint

1. Mr X complains the Council has given him wrong advice about ‘designated persons’ under the Localism Act 2011. Mr X wants to escalate his complaint about housing issues to the councillor of his choosing but the Council has told him he cannot do 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)
3. The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X’s initial complaint to the Council was about housing issues and so concerns the Council’s role as a social housing provider. We are unable to investigate such complaints or any associated action by the Council. We cannot therefore investigate how the Council has dealt with Mr X’s complaint about advice it has given him about who can be contacted as a ‘designated person’.
7. These legal issues are explained in paragraphs two and three.

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Final decision

8. We cannot investigate Mr X’s complaint because it relates to an action concerning a matter outside our legal remit. The courts have held we cannot investigate such complaints.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman