Summary: We will not investigate Mr X’s complaint about the Council failing to respond to his stage two complaint in a timely manner. This is because the substantive complaint matter is out of the Ombudsman’s jurisdiction.

The complaint

1. Mr X complains the Council failed to respond to his stage two complaint in a timely manner. The substantive complaint is about delays in repair works being completed by the Council as his social housing landlord.

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

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My assessment

5. Mr X is a council tenant. The Council arranged for repairs works to be completed at Mr X’s property under its kitchen and bathroom placement programme. This was being carried out under the Council’s responsibilities as a social housing provider.
6. The Ombudsman has no jurisdiction to investigate complaints about the Council’s actions in this case as it was acting as a registered social housing provider. Therefore, Mr X should complain to the Housing Ombudsman if he is unhappy with delays to the repair works.
7. We will not investigate a complaint solely about the Council’s handling of a complaint if we are not also investigating the substantive matter complained about.

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Final decision

8. We will not investigate Mr X’s complaint because the substantive complaint matter is out of the Ombudsman’s jurisdiction.

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Investigator's decision on behalf of the Ombudsman