Summary: The Ombudsman cannot investigate this complaint about the removal of a boundary fence by a Council tenant. This is because the Ombudsman has no power to investigate the Council when it is acting as a landlord.

The complaint

1. The complainant, whom I refer to as Mr X, complains that the Council has failed to resolve a problem which started in 2017 when his neighbour, a Council tenant, removed the garden fence.

Back to top

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)

Back to top

How I considered this complaint

4. I read the complaint and invited Mr X to comment on a draft of this decision.

Back to top

What I found

5. Mr X’s neighbour is a Council tenant. Mr X says the tenant removed the garden fence in 2017. Since then Mr X has been trying to get the Council to ensure the fence is reinstated. However, the matter is still unresolved and has caused a lot of stress to Mr X.

Assessment

6. It is the responsibility of the Council, as the landlord, to either reinstate the fence or ensure the tenant replaces the fence as a condition of the tenancy. The law says the Ombudsman cannot investigate any complaint which involves the Council acting as a landlord. This means I cannot start an investigation.

Back to top

Final decision

7. I cannot start an investigation because I have no power to investigate a council when it is carrying out housing management functions.

Back to top

Investigator's decision on behalf of the Ombudsman