Summary: We cannot investigate Mr B’s complaint about the Council’s handling of his complaint about the behaviour of a Council tenant. This is because we cannot investigate complaints about the management of social housing by councils.

The complaint

1. Mr B complains the Council has not taken prompt and appropriate action after his neighbour, who is a Council tenant, moved the garden boundary fence onto Mr B’s land and damaged his property.

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.
3. 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)

Back to top

How I considered this complaint

4. I considered information provided by Mr B.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mr B’s neighbour is a Council tenant. Mr B complains about the Council’s lack of action in its role as the landlord of the neighbouring property.
7. We cannot investigate complaints about the management of social housing by a council acting as a social landlord. This restriction applies to complaints like Mr B’s complaint which are about tenant behaviour and the management and maintenance of boundary features.
8. This means we cannot investigate Mr B’s complaint and have no discretion to start an investigation.

Back to top

Final decision

9. We cannot investigate Mr B’s complaint because it is about the management of social housing by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman