Summary: We cannot investigate Mrs X’s complaint. This is because we cannot investigate the actions of Housing Associations.

The complaint

1. Mrs X complains about her neighbour damaging her wall three times. She would like the Council to ask her neighbour to make good the damage they have done to the wall.

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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 investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as housing associations. (Local Government Act 1974, sections 25 and 34A, 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. Mrs X is a private homeowner, and her neighbour is a tenant of a housing association.
7. Mrs X would like the Council to act against her neighbour for damaging her wall. But, if her neighbour is a tenant of social housing, that is a complaint against a housing association and not the Council. The Council transferred all its social housing stock to a housing association in 2009.

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Final decision

8. I cannot investigate this complaint as we cannot investigate the actions of housing associations.

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Investigator's decision on behalf of the Ombudsman