Summary: We cannot investigate Mr B’s complaint that the Council has failed to maintain the fencing at the Council-owned property next to his home. This is because we cannot investigate complaints about the management of social housing by councils.

The complaint

1. The complainant, who I will refer to as Mr B, complains about the Council’s management of a property which is next to his home. Mr B says the Council removed his fencing and replaced it with inferior fencing without his permission. Mr B also says the Council failed to fix part of the fencing which was damaged during a storm. Mr B would like the Council to pay him compensation for the costs he paid repairing the fencing.

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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 and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr B owns his property but the neighbouring property is owned and managed by the Council. Mr B’s complaint about the fencing is about the Council’s management of this property as a social landlord. We cannot investigate complaints about the management of social housing by councils. This restriction applies to complaints which are about disrepair relating to the building itself or gardens and boundary features. We have no discretion to investigate such complaints. This means we cannot investigate Mr B’s complaint.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman