Summary: We cannot investigate Mr X’s complaint about a risk of injury arising from a Council fence 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. Mr X complains the Council has failed to replace a dangerous fence belonging to the Council that is leaning into his property. Mr X has a young child, and a dog, and is worried about them being injured if the fence falls.

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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 says in his complaint and also the Ombudsman’s Assessment Code.

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