London Borough of Southwark (24 018 881)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 03 Feb 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about service charging billing to a leaseholder as it does not meet the tests set out in our Assessment Code. We have no remit to investigate, because it is about the Council’s management of its leasehold properties.
The complaint
- Mrs X complains about the Council’s failure to provide information relating to service charges billed to her as a leaseholder of the Council.
- She also complains about her complaint not being investigated in full. She would like the Council to provide the information requested and investigate her complaint.
The Ombudsman’s role and powers
- 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)
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate complaints about the management of housing let on a long lease by a council that is a registered social housing provider. (Local Government Act 1974, paragraph 5B, schedule 5, as amended)
- 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))
How I considered this complaint
- I considered information provided by Mrs X. I also considered the Ombudsman’s Assessment Code.
My assessment
- We cannot investigate Mrs X’s concerns as they relate to the Council’s management of its leasehold properties. The Ombudsman has no power to investigate such matters.
- It would not be a good use of our resources to look at the complaints process in isolation. Especially when the complaints procedure specifically excludes matters such as service charges, as these can be appealed to the First-tier Tribunal (Property Chamber).
Final decision
- I cannot investigate Mrs X’s complaint because it is about the management of housing let on a long lease agreement by a council that is a registered social housing provider. And I will not look at the complaint handling in isolation as it is not a good use of our resources.
Investigator's decision on behalf of the Ombudsman