Birmingham City Council (21 007 580)
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about the Council’s failure to repair a boundary wall and fence on a Council housing estate next to Ms C’s home. This is because we cannot investigate complaints about the management of social housing by councils.
The complaint
- The complainant, who I will refer to as Ms C, complains that the Council has not worked with her to repair a wall and fence between her property and a Council housing estate. Ms C says she and the Council are jointly responsible for maintaining the fence and wall but the Council has not taken action. Ms C says the issue has been ongoing for two years and the wall in its current condition is a safety risk.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered information provided by Ms C.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We cannot investigate complaints about the management of social housing by councils. This includes complaints about the maintenance and management of council housing estates. The issue Ms C complains about relates to the Council’s management of one of its housing estates as a social landlord. This means we cannot investigate this complaint.
Final decision
- We cannot investigate Ms C’s complaint because it is about the management of social housing.
Investigator's decision on behalf of the Ombudsman