Birmingham City Council (21 007 580)

Category : Housing > Other

Decision : Closed after initial enquiries

Decision date : 01 Sep 2021

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

  1. 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.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  2. 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

  1. I considered information provided by Ms C.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. 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.

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Final decision

  1. We cannot investigate Ms C’s complaint because it is about the management of social housing.

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Investigator's decision on behalf of the Ombudsman

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