Summary: We cannot investigate Mr X’s complaint about an unsafe retaining wall in a Council owned property. This is because the complaint concerns the Council’s management of its social housing and so it lies outside our legal remit.

The complaint

1. Mr X complains about the Council’s failure to repair the retaining wall of the property next door. He says it is in an unsafe condition potentially falling on to his car and anyone walking past. He would like the Council to replace the wall to a good standard.

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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 have considered what Mr X said in his complaint and also the Ombudsman’s Assessment Code.

Assessment

5. The property next to Mr X’s is a Council owned property used for social housing. The Council’s actions Mr X complains about relate to its management of this property so we cannot investigate.

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Final decision

6. I cannot investigate this complaint as it relates to the Council’s management of its social housing and so lies outside our legal remit.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman