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 Mr B, complains that the Council failed to fully repair or replace a damaged boundary fence at the neighbouring property, which is a Council tenancy. Mr B says during a recent storm the fence collapsed and damaged items belonging to his tenant. Mr B complains the Council has wrongly denied liability for the damage.

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

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My assessment

6. Mr 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 Mr B’s complaint.

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Final decision

7. We cannot investigate Mr 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