Summary: We cannot investigate this complaint about the Council’s failure to install a fence in the complainant’s garden. This is because the law prevents us from investigating a council’s actions as a registered social housing provider.

The complaint

1. Miss X complains that the Council has failed to install a fence in her garden to separate it from a public walkway.

Back to top

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)

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Miss X is a Council tenant. She complained about the Council’s failure to install a fence in her garden to separate it from a public walkway.
7. We cannot investigate Miss X’s complaint. She is a Council tenant and is complaining about matters relating to work she wants to be carried out to a council property.. Therefore, her complaint is about the Council’s actions concerning one of its social housing tenants. Miss X may be able to complaint to the Housing Ombudsman.

Back to top

Final decision

8. We will not investigate Miss X’s complaint because it concerns the Council’s actions as a registered social housing provider.

Back to top

Investigator's decision on behalf of the Ombudsman