Summary: We cannot investigate Mr Q’s complaint that the Council trespassed on his property and failed to serve him with a Party Wall Act notice when it did improvement works to the neighbouring property. This is because we have no jurisdiction to consider council housing management issues.

The complaint

1. The complainant, whom I have called Mr Q, complained about the actions of North Tyneside Metropolitan Borough Council. He said the Council erected scaffolding on his driveway without permission and failed to serve him with a Party Wall Act notice when it did improvement works on the neighbouring property.

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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 the information Mr Q provided. I considered the information the Council provided.

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What I found

What happened

5. Mr Q owns his property. The neighbouring property is a council house. The Council put up scaffolding on Mr Q’s driveway so it could do improvement works to its house.
6. Mr Q complained that the Council did not seek permission before putting up the scaffolding. He said the Council had trespassed on his property and had failed to serve him with a Party Wall Act notice.

Assessment

7. The Council is a social housing provider, and the matters Mr Q complains of are housing management issues. So we have no jurisdiction to investigate Mr Q’s complaint and cannot do so.

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Final decision

8. We cannot investigate Mr Q’s complaint because it is outside our jurisdiction.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman