The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s refusal to put up a boundary fence at a 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 Mr B, complains that the Council has refused to put up a boundary fence at the Council-owned property next to his home. Mr B says this is needed for privacy and safety reasons. Mr B also says the Council has told him it does not own the property, which is not true.
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 B.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr 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 repair and maintenance issues affecting the building itself, and also gardens and boundary features. This means we have no discretion to investigate Mr B’s complaint.
Final decision
We cannot investigate Mr B’s complaint because it is about the management of social housing by the Council.
Investigator's decision on behalf of the Ombudsman