Summary: We cannot investigate Mr X’s complaint the Council failed to take action against his neighbours, who are Council tenants, after his fence was damaged. This is because we have no power to consider the Council’s action in connection with its management of its social housing.

The complaint

1. Mr X’s neighbours are Council tenants. He complains the Council:
1. failed to take action against his neighbours, in line with its tenancy agreement, to address changes in garden levels and damage from bushes, both of which damaged his fence. He says the Council poorly handled and investigated his complaint about this matter; and,
2. failed to keep a record of a call, in 2024, detailing his neighbours’ antisocial behaviour (ASB) or respond to his complaint about ASB.

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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)
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

7. Mr X lives next door to a property owned by the Council and rented as social housing.
8. Mr X says his neighbours have damaged his fence by raising their garden levels and planting bushes close to the fence.
9. Mr X complains the Council failed to take adequate steps, in line with the Council’s tenancy agreement with his neighbours, to resolve his complaint.
10. The Council responded to Mr X’s complaint in its capacity as a social landlord. We cannot investigate this element of the complaint, including the Council’s investigation of his complaint, because we have no jurisdiction to consider complaints in connection with the Council’s management of its social housing. This restriction to our powers applies to complaints about the management and maintenance of property, buildings, gardens and boundary features. This restriction also applies even if, as with this complaint, the person who has complained owns their property.
11. Mr X complains about poor recordkeeping by the Council following a report of ASB in 2024. For the same reason given in the previous paragraph, we cannot investigate this complaint so far as it concerns Mr X’s wish for the Council to take action under the terms of its tenancy agreement with his neighbours.
12. In its complaint response, the Council provided Mr X with suitable advice and information on how to report instances of ASB or noise nuisance. It is my understanding this is so the Council may consider whether to use its other, wider ASB powers, rather than act simply in its landlord role. Mr X has chosen not to make any such specific reports of ASB, including regarding ongoing dog barking issues, to try to remain civil with his neighbours. It is open to Mr X to report the issues of ASB or noise nuisance through the link provided by the Council. The Council has provided appropriate advice around how to do so. For these reasons, there is not enough evidence of fault by the Council to justify investigating.

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Final decision

13. We cannot investigate Mr X’s complaint the Council failed to take action against his neighbours, who are Council tenants, after his fence was damaged. This is because we have no power to consider the Council’s action in connection with its management of its social housing.

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Investigator's decision on behalf of the Ombudsman