Summary: We cannot investigate this complaint about the Council’s demolition of a garden wall. This is because the law prevents us from considering complaints about councils when they are acting as social housing landlords.

The complaint

1. The complainant, who I shall call Mrs B, complained after the Council knocked down the wall between her garden and housing land it owned on the other side. Mrs B was also unhappy the Council initially erected a fence in place of the wall, and about its unreasonable delay in reinstating the wall.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. In particular, 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, Schedule 5.5 (as amended)]

Back to top

How I considered this complaint

3. I considered the information Mrs B provided about her complaint and information from the Council. I also took account of the Ombudsman’s Assessment Code.

Back to top

My assessment

4. Mrs B’s complaint is about the Council’s housing management service’s demolition and replacement of a wall at the boundary between her property and Council owned land used for social housing. Therefore, the complaint concerns the Council’s functions as a landlord. As a result the legal restriction on us investigating, which I refer to in paragraph 2, applies in Mrs B’s case.

Back to top

Final decision

5. We cannot investigate Mrs B's complaint about the Council’s demolition of her garden wall and delay in arranging a suitable replacement wall. The law precludes us from dealing with complaints about council housing management.

Back to top

Investigator's decision on behalf of the Ombudsman