Summary: We will not investigate this complaint about the Council’s new fence replacement at a Council property encroaching on to the complainant’s property. This is because we have no remit to consider complaints about the Council’s actions when it is acting as a social housing landlord.

The complaint

1. Mrs X is a homeowner. Mrs X complains about the Council’s new fence replacement at its council property encroaching on to her land. She also says the Council has failed to respond to her complaint properly.

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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 housing let on a long lease by a council that is a registered social housing provider. (Local Government Act 1974, paragraph 5B, 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 it concerns the Council’s decisions concerning one of its social housing properties.

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Final decision

7. We cannot investigate Mrs X’s complaint because it concerns the Council’s actions as a social housing landlord.

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Investigator's decision on behalf of the Ombudsman