Summary: We cannot investigate this complaint that the Council has failed to maintain 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 has failed to maintain a neighbouring property which is owned and managed by the Council. Mr B says: the fence needs to be replaced; the roof is a safety risk; and, trees need to be cut back.

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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, who is a private tenant, complains that the Council has failed to maintain one of its properties. We cannot investigate complaints about the management of social housing by councils. This means we cannot investigate complaints that a Council has failed to maintain one of its properties. This restriction applies to 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