Summary: We cannot investigate this complaint about a dispute over a boundary fence. This is because the dispute is in relation to the Council’s role as a social housing landlord and such complaints are outside the Ombudsman’s jurisdiction.

The complaint

1. The complainant, who I will call Mr C, complains about the Council’s failure to take action over his dispute with his neighbour who is a council tenant. He says the tenant has erected a boundary fence which is uneven and encroaches on his property, but the Council has done nothing to prevent this.

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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)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr C shares a boundary with a property owned by the Council and rented as social housing. The tenant recently erected a new fence, which Mr C says is uneven and encroaches on his boundary.
7. I cannot investigate Mr C’s complaint. Since 2013 the Ombudsman has no authority to investigate complaints against social housing landlords carrying out estate and tenancy management. This restriction applies to Mr C’s complaint.

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Final decision

8. We will not investigate Mr C’s complaint because the matter relates to the Council’s role as a social housing landlord and such complaints are outside the Ombudsman’s jurisdiction.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman