Summary: We cannot investigate Mr B’s complaint about the Council failing to maintain and repair a boundary wall at one of its properties. This is because we cannot investigate complaints about the management of social housing by a council in its role as a social landlord.

The complaint

1. Mr B complains the Council took too long to remove ivy from a boundary wall at one of its properties which has meant the wall, which he jointly owns, is now likely to collapse. Mr B complains the Council has not taken action to repair or support the wall to protect him and the Council’s tenants. Mr B also says the Council has failed to take responsibility for the damage and the works required to repair this wall.

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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 owns his property. The property to the rear of Mr B’s home is owned and managed by the Council.
7. Mr B’s complaint is about the Council’s management of the adjoining property in its role as a social landlord. We cannot investigate complaints about the management of social housing by a council acting as a social landlord.
8. This restriction to our powers applies to complaints about the management and maintenance of property buildings, gardens and boundary features.
9. This restriction also applies even if, as with this complaint, the person who has complained owns their property.
10. This means we cannot investigate this complaint and have no discretion to start an investigation.

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Final decision

11. We cannot investigate Mr B’s complaint because it is about the management of social housing by the Council as a social landlord.

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Investigator's decision on behalf of the Ombudsman