Summary: We cannot investigate this complaint about delay by the Council in carrying out repairs to its property as it is not within our legal remit to do so.

The complaint

1. Mr X complains that rainwater from the property next door, which is a Council property used for social housing, runs on to his property, causing surface water build up. Mr X wants the Council to rectify this. Mr X also complains the Council has not responded to his complaints about this.

Back to top

The Ombudsman’s role and powers

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)
3. The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

Back to top

How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. The Council in this complaint is acting from its position as a manger of social housing and therefore, as per paragraph two, we cannot investigate, by law.
7. We cannot investigate the Council’s handling of Mr X’s complaints about this matter, as per paragraph three.

Back to top

Final decision

8. We cannot investigate Mr X’s complaint because we have no legal remit to do so.

Back to top

Investigator's decision on behalf of the Ombudsman