The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council failing to replace a damaged fence at one of its properties. This is because we cannot investigate complaints about the management of social housing by a council acting as a social landlord.
The complaint
Miss B complains the Council has failed to replace a damaged fence which forms the boundary between her property and the adjoining 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 Miss B.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss B owns her property. The adjoining property is owned and managed by the Council as a Council tenancy.
This complaint about the boundary fence is about the Council’s management of the adjoining property in its role as a social landlord.
We cannot investigate complaints about the management of social housing by councils. This restriction to our powers applies to complaints about the maintenance of property buildings, gardens and boundary features. This restriction also applies even if, as with this complaint, the person making the complaint owns their property.
This means we cannot investigate this complaint and have no discretion to start an investigation.
Final decision
We cannot investigate this complaint because it is about the management of social housing by the Council.
Investigator's decision on behalf of the Ombudsman