Cornwall Council (21 010 026)
The Ombudsman's final decision:
Summary: We cannot investigate Mr X’s complaint about damage caused to his garden which he wants the Council to put right. This complaint relates to the Council’s management of its social housing and lies outside our legal remit.
The complaint
- Mr X complains about the Council removing his hedge when it was carrying out works in a neighbouring council owned property. He says he has lost his privacy and the Council has failed to act on its promise to erect a fence.
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 have considered what Mr X wrote in his complaint.
Assessment
- The neighbouring property 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.
Final decision
- 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
Investigator's decision on behalf of the Ombudsman