Summary: We will not investigate this complaint about comments that a Housing Officer made about Mr X’s tenancy. This is because we have no powers to investigate the Council when it concerns the management of social housing.

The complaint

1. Mr X complains about information that a Council Housing Officer provided during private court proceedings. Mr X says inaccurate information about his council house tenancy was given and seeks compensation from 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)
4. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

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

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My assessment

7. I cannot investigate Mr X’s complaint. This is because Mr X is a Council tenant and the issues he raises concerns the Council actions in relation to its role as his landlord. The Ombudsman has no power to investigate this complaint due to the restriction outlined in paragraph 3.
8. Furthermore, the law also prevents us from investigating what happened in court. So even if the Council’s actions wer not relating to Mr X’s tenancy we could not investigate. This is because he is complaint about information that the Council provided in court.

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Final decision

9. We will not investigate Mr X’s complaint because it concerns the Council’s role as a social housing landlord.

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Investigator's decision on behalf of the Ombudsman