Summary: We cannot investigate this complaint about a fence repair as this matter is not within our legal remit.

The complaint

1. Mrs X complains about the Council’s decision to repair its boundary fence between her property and her neighbour’s, rather than replace it. Mrs X says the fence is rotten and unsafe and that it provides no privacy or security.

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 considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. We cannot investigate Mrs X’s complaint as in dealing with this matter the Council is acting from its position as a registered social housing provider. As per paragraph three, such complaints are not within our legal remit.

Back to top

Final decision

7. We cannot investigate Mrs X’s complaint because it is not within our legal remit to do so.

Back to top

Investigator's decision on behalf of the Ombudsman