Summary: We will not investigate this complaint about a leak from a Council owned property. This is because it does not meet the tests set out in our Assessment Code. We have no remit to consider complaints about the management of social housing.

The complaint

1. In summary, Miss X, who is a letting agent, complains about damage to a property she manages, due to a leak from a neighbouring Council owned property Miss X would like the Council to arrange for the leak to be remedied.

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The Ombudsman’s role and powers

2. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

5. I considered information provided by Miss X.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. We cannot investigate this complaint. This is because we have no remit to investigate matters in connection with the management of social housing. This restriction applies to Miss X’s complaint.

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Final decision

8. We cannot investigate Miss X’s complaint because it arises from the management of social housing by the Council.

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Investigator's decision on behalf of the Ombudsman