Summary: We cannot investigate Mr B’s complaint about the Council failing to replace a damaged fence at one of its properties. This is because we cannot investigate complaints about the management of social housing by councils.

The complaint

1. Mr B complains the Council is taking too long to replace a damaged boundary fence at the adjoining property which is owned by the Council.

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

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My assessment

6. Mr B owns his property. The adjoining property is owned and managed by the Council.
7. Mr B’s complaint is about the Council’s management of the adjoining property in its role as a social landlord. We cannot investigate complaints about the management of social housing by councils. This restriction to our powers applies to complaints about the maintenance of Council property buildings, gardens and boundary features. This restriction also applies even if, as with this complaint, the person who has complained privately owns their property and is not a Council tenant.
8. This means we cannot investigate this complaint and have no discretion to start an investigation.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman