Summary: We will not investigate this complaint about a boundary dispute and fencing relating to Council-owned property. This is because we cannot investigate complaints about the management of social housing by a council acting as a social landlord.

The complaint

1. Miss X complains the Council has failed to resolve a boundary dispute with the adjoining Council-owned property. She also says the Council has failed to erect a boundary fence between her property and other neighbouring Council-owned properties.

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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 Miss X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X owns her property. The adjoining properties are owned and managed by the Council as social housing.
7. As set out in paragraph 3, we cannot investigate a council when it is acting in its role as a social housing provider. Miss X’s complaint relates to the Council’s management of adjoining social housing, including a boundary dispute and the boundary fencing. As such, the restriction applies and we cannot investigate.

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Final decision

8. We cannot investigate Miss X’s complaint. This is because we cannot investigate complaints about the management of social housing by a council acting as a social landlord.

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Investigator's decision on behalf of the Ombudsman