Summary: We cannot investigate this complaint about a boundary fence as the Council acts in this instance as a provider of social housing and so the matter is not within our remit.

The complaint

1. Mr X complains the Council has failed to replace boundary fences between his property, and the neighbouring property, which is Council owned social housing, despite that Mr X says, it had previously agreed to do this. Mr X says this has impacted on him physically and mentally.

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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. As per paragraph three, we cannot investigate a council when it is acting in its role as a social housing provider. Mr X’s complaint relates to decisions about social housing next to his home, and as such, this barrier applies, and we cannot investigate.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman