Summary: We cannot investigate Mr X’s complaint about a lack of privacy from a Council property on his boundary. This is because it relates to the Council’s management of its social housing which lies outside our legal remit.

The complaint

1. In summary, Mr X complains about works carried out in the garden of a property owned by the Council. He said this work raised the ground levels and he was not aware at the time due to ivy on the boundary fence.
2. Mr X says the ivy has now been trimmed and Mr X’s privacy has been severely affected. Mr X’s neighbours can stand ‘thigh high’ above his two-metre fence and look into his property. He would like his privacy back.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

5. I have considered what Mr X says in his complaint and the Ombudsman’s Assessment Code.

Assessment

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

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Final decision

7. 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