Summary: We cannot investigate Mrs B’s complaint that the Council took too long 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. Mrs B complains the Council took too long to replace a damaged boundary fence at one of its properties. Mrs B says this meant she had to make her own arrangements for a new fence. Mrs B would like the Council to contribute to her costs putting up this new 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 Mrs B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs B’s complaint is about the Council’s management of a property it owns as a social landlord.
7. We cannot investigate complaints about the management of social housing by councils. This restriction to our powers applies to complaints about the maintenance of property buildings, gardens and boundary features. This restriction also applies even if, as with this complaint, the person who has complained is not a Council tenant or leaseholder.
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 this complaint because it is about the management of social housing by the Council.

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Investigator's decision on behalf of the Ombudsman