The Ombudsman's final decision
Summary: We will not investigate this complaint about delays and lack of communication by the Council. The law prevents us from investigating the Council’s actions as a registered social housing provider.
The complaint
Mr X complained about the Council’s delays and lack of communication when arranging to repair a fence between Mr X’s home and a neighbouring Council property. Mr X says the matter has caused him significant inconvenience and frustration. He wanted the Council to repair the fence without delay, advising him of the date the works would be carried out.
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.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X’s neighbour is a Council tenant, therefore the Council is responsible for repairs to their fence which borders Mr X’s property. Mr X has communicated with the Council’s Housing Repairs and Operations team, but has become frustrated as he says the Council has delayed and has not kept him updated regarding dates for the work to take place. As he wishes to be at home when works are carried out, he says he has gone to the inconvenience of taking time off work unnecessarily.
The law prevents us from investigating complaints about the management of social housing by a council acting as a registered social housing provider. The Council’s role in repairing the neighbour’s fence is action taken in its role as a registered social housing provider. We are therefore prevented in law from investigating this complaint.
It is open to Mr X to contact the Housing Ombudsman to confirm whether they can investigate his complaint instead. However, Mr X is a homeowner and may therefore also not be able to complain to the Housing Ombudsman about the matter.
Final decision
We will not investigate Mr X’s complaint because it is about the Council’s role as a registered social housing provider, which the law prevents us from investigating.
Investigator's decision on behalf of the Ombudsman