The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council granting permission to the complainant’s neighbours to install fence posts and an outbuilding. This is because the law bars us from investigating the Council’s actions as a registered social housing provider.
The complaint
Mr X complains the Council failed to inform him of his neighbour’s intention to install fence posts and a large outbuilding. These overlook his garden, and Mr X says he is no longer able to use his garden due to lack of privacy. Mr X wants the neighbour to take down the fence posts and outbuilding
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 the 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 granting permission for the works complained about as ‘tenant improvement’ works.
We cannot investigate. 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 granting permission for the tenant improvement works is action taken in its role as a registered social housing provider.
The Council says it has also considered whether it has powers to act under planning legislation. However, as the structure does not warrant consideration under planning law it has no role to act here outside of its role as a provider of social housing. Therefore, there is no remit for the Ombudsman to consider this complaint under any other aspect of its obligations such as duties under planning laws.
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 bars us from investigating.
Investigator's decision on behalf of the Ombudsman