Summary: We cannot investigate this complaint about the Council’s response to Ms X’s complaint about a damaged fence. The complaint is not within our legal remit as it relates to the Council’s actions as a provider of social housing.

The complaint

1. Ms X complains her fence has been damaged by a Council owned fence at the neighbouring property, which is social housing. Miss X wants the Council to repair her fence.

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

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My assessment

6. The Council in this situation is acting from its position as a social housing provider and therefore, as per paragraph three, we cannot investigate this complaint.

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Final decision

7. We cannot investigate Ms X’s complaint because it is not within our legal remit.

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Investigator's decision on behalf of the Ombudsman