Summary: We cannot investigate Mrs B’s complaint about the Council’s management of the neighbouring property. This is because we cannot investigate complaints about the management of social housing by councils.

The complaint

1. Mrs B complains about the Council’s handling of several issues which she has raised about the neighbouring property, which is a Council tenancy. These issues include changes to the property which affected her privacy, and an ongoing request to define the boundary between the two properties.
2. Mrs B also complains about the conduct of staff at the Council and its arms length housing management organisation who have handled her enquiries and her complaint.
3. Mrs B would like the Council to provide clarity and transparency about the ongoing boundary issue. Mrs B would also like the Council to apologise and pay her compensation.

Back to top

The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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

6. I considered information provided by Mrs B.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. Mrs B’s complaint is about the Council’s management, via a housing management organisation, of the neighbouring property which is a Council tenancy.
9. We cannot investigate complaints about the management of social housing by a council acting as a social landlord.
10. This restriction applies to Mrs B’s complaint because she is complaining about the Council’s management of the neighbouring property as a social landlord.
11. This means we have no discretion to investigate the actions of the Council or the arms length management organisation which manages the tenancy on behalf of the Council.
12. So, we cannot investigate this complaint.

Back to top

Final decision

13. We cannot investigate Mrs B’s complaint because it is about the management of social housing by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman