Summary: We cannot investigate Mr X’s complaint that the Council gave him incorrect because the Council’s actions as a social housing provider are outside our jurisdiction.

The complaint

1. Mr X complains a Council housing estate officer told him to go ahead with plans to improve his property, but neighbours later refused permission. He asks to be reimbursed for the materials he bought based on the advice given.

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

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My assessment

6. Mr X contacted the Council for advice on installing new fencing as he shared a border with a Council owned housing estate.
7. Mr X is unhappy with the advice he was given by the Council’s housing estate officer.
8. This officer was acting on behalf of the Council in its role as a social housing provider. We therefore cannot investigate this complaint.

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Final decision

9. We cannot investigate Mr X’s complaint because it is about the Council’s actions as a social housing provider.

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Investigator's decision on behalf of the Ombudsman