The Ombudsman's final decision
Summary: We cannot investigate Ms B’s complaint that the Council has failed to repair a boundary fence at the neighbouring Council tenancy. 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 Ms B, complains that the Council has failed to repair a boundary fence at her neighbour’s property, which is owned and managed by the Council.
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 Ms B.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms 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 the maintenance of the property building, in addition to gardens and boundary features. This means we have no discretion to investigate Ms B’s complaint.
Final decision
We cannot investigate Ms B’s complaint because it is about the management of social housing by the Council.
Investigator's decision on behalf of the Ombudsman