Summary: We cannot investigate this complaint about a fence at a Council owned property as it is not within our legal remit.

The complaint

1. Mrs X complained her neighbours who live in a Council owned property, erected a high fence which restricts their view. This has caused Mrs X and her family upset. Mrs X wants the Council to remove the fence.

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

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My assessment

6. We cannot investigate this complaint as the law prevents us from investigating the actions of the Council when it is acting as a social housing provider, which it is in this complaint.

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Final decision

7. We will not investigate Mrs X’s complaint because it is not within our legal remit.

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Investigator's decision on behalf of the Ombudsman