Adur District Council (19 016 186)

Category : Housing > Other

Decision : Closed after initial enquiries

Decision date : 18 Feb 2020

The Ombudsman's final decision:

Summary: The Ombudsman cannot investigate Dr X’s complaint about problems with anti-social behaviour she says are due to a damaged and inadequate fence close to her home. This is because we have no powers to consider complaints about a council when it is acting as a landlord.

The complaint

  1. The complainant, whom I shall call Dr X, complains about problems with anti-social behaviour close to her home. Dr X says the anti-social behaviour is linked to a damaged fence, which she says is not tall or long enough. Dr X says the inadequate fence has led to vandalism, trespass, and other types of anti-social behaviour, all from council tenants who live close to her property. Dr X wants the Council to replace the fence and to do more to control the behaviour of its tenants. The Council says it will not replace the fence because the boundary of its land is now clearly marked by other fences.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  2. 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)
  3. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

  1. I considered Dr X’s complaint to the Ombudsman and the information she provided. I also gave Dr X the opportunity to comment on a draft statement before reaching a final decision on her complaint.

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What I found

  1. The exception at paragraph 3 applies to Dr X’s complaint. The Ombudsman cannot investigate a council when it is acting as a landlord. Dr X’s complaint is therefore outside the Ombudsman’s jurisdiction.
  2. Even if this were not the case, the Ombudsman’s role is to investigate complaints about administrative fault. Matters such as trespass and vandalism should be reported to the Police – they are not something we can consider.

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Final decision

  1. The Ombudsman cannot investigate Dr X’s complaint. This is because we have no powers to consider complaints about a council when it is acting as a landlord.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman

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