Summary: We cannot investigate Mr B’s complaint that his property has been damaged by work undertaken by the Council to the adjoining property. This is because we cannot investigate complaints about the management of social housing by a council acting as a social landlord.

The complaint

1. Mr B complains his property has been damaged due to work undertaken by the Council to the roof of 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 Mr B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

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

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Final decision

9. We cannot investigate Mr 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