Summary: We cannot investigate this complaint about the Council’s failure to repair a fence at one of its properties. This is because we cannot investigate complaints about the management of social housing by councils.

The complaint

1. The complainant, who I will refer to as Ms B, complains that the Council has failed to repair or replace a damaged boundary fence at the neighbouring property, which is a Council tenancy.

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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 Ms B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms B’s complaint is about the Council’s management of one of its properties as a social landlord. We cannot investigate complaints about the management of social housing by councils. This restriction applies to complaints about the maintenance of the building itself, in addition to gardens and boundary features. This means we have no discretion to investigate Ms B’s complaint.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman