Summary: We cannot investigate this complaint that the Council has failed to repair a boundary fence at a Council-owned property. This is because we cannot investigate complaints about the management of social housing by councils.

The complaint

1. The complainant, who I will refer to as Miss B, complains that the Council has failed to repair a boundary fence at the adjoining property, which is a Council tenancy. Miss B says this means her neighbour’s dogs come into her garden and cause a nuisance. Miss B says it is no longer safe for her young children to use their garden and she has been waiting many months for the Council to replace the damaged panels.

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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 B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss B lives in a privately rented property. The neighbouring property is owned and managed by the Council.
7. Miss B’s complaint is about the Council’s management of one of its tenancies as a social landlord. We cannot investigate complaints about the management of social housing by a council acting as a social landlord. This restriction applies to complaints about maintenance of tenancy buildings in addition to gardens and boundary features.
8. This means we have no discretion to investigate the issue Miss B complains about.

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Final decision

9. We cannot investigate Miss B’s 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