The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s housing authority’s responsibility for repairing communal fencing which is on a boundary shared with a private owner. We have no jurisdiction to investigate the actions of social housing landlords.
The complaint
Mrs X complained about the Council’s failure to replace a boundary fence which is on a shared boundary with her property and housing department estate land. She says she has been waiting for the work to be carried out since January 2023.
The Ombudsman’s role and powers
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 the complainant and the Council’s response.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X says the Council has failed to replace a communal fence between her garden and Council housing land. She reported the fence being in disrepair in 2023 and the Council logged the work but later replaced her own fencing instead of the boundary one in error.
It is clear that the matter has been identified as a housing repair by the Council landlord and that there have been delays but the work is logged as a repair on the system. We cannot investigate the actions of social housing landlords and their management of their estates and tenancies. Since April 2013 this role passed to the Housing Ombudsman Service and we have no jurisdiction to consider the matter further.
Final decision
We will not investigate this complaint about the Council’s housing authority’s responsibility for repairing communal fencing which is on a boundary shared with a private owner. We have no jurisdiction to investigate the actions of social housing landlords.
Investigator's decision on behalf of the Ombudsman