The Ombudsman's final decision
Summary: We cannot investigate Miss B’s complaint that her fence has been damaged due to the Council’s failure to maintain vegetation at the neighbouring Council-owned property. This is because we cannot investigate complaints about the management of social housing by councils.
The complaint
The complainant, who I will refer to as Miss B, complains that the Council has failed to maintain a Council tenancy next to her home. Specifically, Miss B complains her fence has been damaged by overgrown bushes and roots at the Council-owned property. Miss B says the Council has delayed doing the work which has caused further damage. Miss B would like the Council to cut back the vegetation and replace her fence.
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 Miss B.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss B’s complaint is about the Council’s management of one of its properties as a social landlord. We cannot investigate complaints about the management of social housing by councils. This restriction applies to both the management of the building itself and also the garden and boundary features. This means we have no discretion to investigate Miss B’s complaint.
Final decision
We cannot investigate Miss B’s complaint because it is about the management of social housing by the Council.
Investigator's decision on behalf of the Ombudsman