Summary: We will not investigate Ms B’s complaint that her property is being damaged due to the Council’s failure to maintain the adjoining property. This is because we cannot investigate complaints about the management of social housing by a council in its role as a social landlord.

The complaint

1. Ms B complains her property has been damaged by damp and mould because of the Council’s failure to maintain the adjoining property, which is owned by the Council.

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

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My assessment

6. Ms B owns her property. The adjoining property is owned by the Council.
7. Ms B’s complaint is about the Council’s management of the adjoining property. We cannot investigate complaints about the management of social housing by a council in its role as a social landlord. This restriction to our powers applies to complaints, like Ms B’s complaint, which are about maintenance and disrepair issues.
8. This restriction also applies even if the person making the complaint is not a council tenant or leaseholder.
9. This means we cannot investigate this complaint and have no discretion to start an investigation.

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Final decision

10. We cannot investigate Ms 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