Summary: We cannot investigate this complaint about the Council’s handling of Mrs B’s reports of water damage from the adjoining Council tenancy. This is because we cannot investigate complaints about the management of social housing by councils.

The complaint

1. Mrs B complains her property has been affected by water damage caused by the adjoining property which is a Council tenancy. Mrs B says the Council has taken too long to investigate the matter and has not done any works to put right the problem. Mrs B would like the Council to take responsibility for the damage, fix the cause of the problem, and repair those parts of her property which have been damaged.

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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)

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How I considered this complaint

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

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My assessment

6. Mrs B’s complaint is about the Council’s management of the adjoining property which is a Council tenancy.
7. We cannot investigate complaints about the management of social housing by councils acting as a social landlord. This restriction applies to complaints about disrepair issues.
8. This means we have no discretion to investigate the issue Mrs B complains about.

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Final decision

9. We cannot investigate Mrs B’s complaint because it is about the management of social housing by the Council.

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Investigator's decision on behalf of the Ombudsman