Summary: We cannot investigate Mr B’s complaint about the Council’s failure to maintain a housing estate. This is because we cannot investigate complaints about the management of social housing by councils.

The complaint

1. Mr B complains the Council has failed to maintain the communal door at the block where he lives. Mr B also says there are lots of potholes on an estate road and his car has been damaged. Mr B would like the Council to pay him compensation and to provide an update on the works the Council said it would do.

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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 Mr B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr B’s complaint is about the Council’s management of a housing estate. We cannot investigate complaints about the management of social housing by a council acting as a social landlord. This restriction to our powers applies to complaints, like Mr B’s complaint, which are about the management and maintenance of housing estates.
7. This means we cannot investigate this complaint and have no discretion to start an investigation.

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Final decision

8. We cannot investigate this 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