Gateshead Metropolitan Borough Council (23 016 100)
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about the Council’s failure to install a fence in the complainant’s garden. This is because the law prevents us from investigating a council’s actions as a registered social housing provider.
The complaint
- Miss X complains that the Council has failed to install a fence in her garden to separate it from a public walkway.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X is a Council tenant. She complained about the Council’s failure to install a fence in her garden to separate it from a public walkway.
- We cannot investigate Miss X’s complaint. She is a Council tenant and is complaining about matters relating to work she wants to be carried out to a council property.. Therefore, her complaint is about the Council’s actions concerning one of its social housing tenants. Miss X may be able to complaint to the Housing Ombudsman.
Final decision
- We will not investigate Miss X’s complaint because it concerns the Council’s actions as a registered social housing provider.
Investigator's decision on behalf of the Ombudsman