Summary: We cannot investigate Mr X’s complaint that the Council has not replaced his fence which was damaged by a tenant of the Council. This is because the law does not allow us to investigate the Council when it acts in its role in managing its social housing.

The complaint

1. Mr X complains his neighbour, a Council tenant, has damaged his fence. Mr X says the Council said it would rectify this but it has failed to do so.

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The Ombudsman’s role and powers

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

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council in this case is acting in relation to its role managing its social housing. The law says we cannot investigate such actions and so we cannot investigate Mr X’s complaint.

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Final decision

6. We cannot investigate Mr X’s complaint because it relates to the Council’s management of its social housing and is therefore not within our legal remit.

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Investigator's decision on behalf of the Ombudsman