Summary: We will not investigate this complaint about the Council not repairing the complainant’s neighbour’s fence. The neighbour is a tenant of the Council, and the law bars us from investigating the Council’s actions as a provider of social housing.

The complaint

1. In short, Miss X complains about the Council failure to repair a fence that runs alongside the boundary of her back garden.
2. Miss X says she can no longer use her garden due to the collapsed fence allowing a dangerous dog entry to her garden. She would like the Council to repair the fence or reimburse her if she arranges the repairs.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

5. I considered the information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council has responded to Miss X to say its tenant is responsible for the fence so it cannot reimburse Miss X if she repairs the fence. The Council appears to be trying to liaise with its tenant, but Miss X says she has been waiting over a year for the Council to resolve the issue.
8. Miss X is a homeowner. Her neighbour is a Council tenant; therefore, the Council is ultimately responsible for the fence complained about.
9. We cannot investigate. The law prevents us from investigating complaints about the management of social housing by a council acting as a registered social housing provider.

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Final decision

10. We will not investigate Miss X’s complaint because it is about the Council’s role as a registered social housing provider, which the law bars us from investigating.

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Investigator's decision on behalf of the Ombudsman