Summary: We cannot investigate Mr X’s complaint about damage caused to his garden which he wants the Council to put right. This complaint relates to the Council’s management of its social housing and lies outside our legal remit.

The complaint

1. Mr X complains the Council has failed to replace an old wire fence to its property next door. He says it is in a poor state and affects Mr X’s safe use of his garden, he would like the Council to replace it with a wooden panel type 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 have considered what Mr X said in his complaint.

Assessment

5. The property next to Mr X’s is a Council owned property used for social housing. The Council’s actions Mr X complains about relate to its management of this property so we cannot investigate.

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Final decision

6. I cannot investigate this complaint as it relates to the Council’s management of its social housing and so lies outside our legal remit.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman