Summary: We cannot investigate this complaint a council owned property caused damage to an adjoining house. That is because the law says we cannot investigate the Council’s provision or management of social housing.

The complaint

1. Mrs X complained a council owned property had caused damage to her adjoining house. She also said the Council tenant had cutback the boundary hedge. Mrs X said the Council had taken no action to remedy the disrepair.

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

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My assessment

6. We cannot investigte Mrs X’s complaint. That is because the law says we cannot investigate the Council in its role as a social housing provider. That includes how it maintains those properties and as in this complaint, the effect of that maintenance on adjoining properties.

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Final decision

7. We cannot investigate Mrs X’s complaint because we have no jurisdiction to investigate the Council in its role as a social housing provider.

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Investigator's decision on behalf of the Ombudsman