The Ombudsman's final decision
Summary: We cannot investigate this complaint about delays by the Council in replacing a fence. This because we have no power to investigate a council when it is acting as a landlord.
The complaint
The complainant, whom I refer to as Mr X, complains the Council removed a boundary hedge and delayed replacing it. The Council rents the neighbouring property to tenants. Mr X wants the Council to replace the fence as agreed last August.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)
How I considered this complaint
I considered information provided by Mr X and the Council. I also considered the Ombudsman’s Assessment Code.
My assessment
Mr X lives next door to a property that the Council owns and rents to tenants. In 2021 the Council removed the hedge without notifying Mr X. This was because the hedge and some trees were causing structural issues. The Council provided a new fence in August 2021 but put it up in the wrong place. The Council raised another works order in August to put the fence up at the correct location. In May 2022 the Council installed a fence in the correct place.
Final decision
All the decisions about replacing the hedge have been made by the Council’s housing service. The law says we cannot investigate complaints about actions taken by a council when it is acting as a landlord. This means I have no power to investigate the complaint.
Investigator's decision on behalf of the Ombudsman