Summary: A man complained the Council had failed to resolve issues caused by his neighbour erecting fences at the front and rear of his property. But we cannot investigate this matter because the law prevents us from considering complaints about councils when they are acting as landlords.

The complaint

1. The complainant, who I shall call Mr B, complained the Council had not taken enough action to resolve problems caused by his neighbour, a Council tenant, installing two fences at the rear and front of his house. In particular Mr B said the neighbour damaged his hedge and erected the rear fence in the wrong position, and a fence post resting against his wall was causing damp and mould growth in his property.

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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. 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)]

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How I considered this complaint

3. I considered the information Mr B provided with his complaint. I also gave Mr B a chance to comment on a draft of this decision before I reached a final view in his case. In addition, I took account of information the Council provided in response to our enquiries about Mr B's complaint.

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My assessment

4. I consider that we cannot investigate Mr B's complaint.
5. In particular, we no longer have power to investigate complaints about councils when they are carrying out their role as landlords of their social housing properties. This follows a change in the law in April 2013 which transferred authority for dealing with most complaints about the management of council housing to the Housing Ombudsman Service.
6. From the information provided I see that the Council's housing management service has taken responsibility for responding to Mr B's concerns. I understand this is because the neighbour is a Council tenant and the issues in question relate to the terms and management of his tenancy.
7. As a result I consider the legal restriction on us investigating complaints about council housing management applies in Mr B's case.

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Final decision

We cannot investigate Mr B's complaint about the Council's failure to resolve issues regarding two fences installed by his neighbour. This is because the law prevents us from pursuing complaints about councils when they are acting in their role as social housing landlords.

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Investigator's decision on behalf of the Ombudsman