North East Derbyshire District Council (22 012 266)

Category : Housing > Managing council tenancies

Decision : Closed after initial enquiries

Decision date : 05 Jan 2023

The Ombudsman's final decision:

Summary: We will not investigate this complaint that the Council unfairly treated a pensioner as Mr X is not personally affected by this to a degree that would warrant our involvement. The complaint is also likely to be outside of our legal remit.

The complaint

  1. Mr X complains the Council made a pensioner pay to repair the gate to their Council property but paid several thousand pounds for improvements at a nearby privately owned house.

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The Ombudsman’s role and powers

  1. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide any injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6), as amended)
  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

  1. I considered information provided by the complainant.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mr X is not caused a level of personal injustice from his complaint to warrant our involvement and is not authorised to complain on behalf of the person who was affected. In addition, the complaint is likely to be outside our legal remit as it appears to relate to the management of social housing.
  2. For these reasons, we will not investigate.

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Final decision

  1. We will not investigate Mr X’s complaint because his personal injustice is not sufficient to warrant our involvement.

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Investigator's decision on behalf of the Ombudsman

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