Summary: We cannot investigate Mr X’s complaint about the Council’s failure to repair his boundary wall. This is because the issue concerns the Council’s management of social housing through its social housing provider, Homes for Haringey.

The complaint

1. The complainant, Mr X, complains the Council has failed to carry out repairs to his boundary wall following damage caused by a tree on land owned by Homes for Haringey- the Council’s social housing provider. He also complains the Council has attempted to sell the adjoining property without notifying him and has ignored his requests to reinstate a fire exit serving his property which was blocked up many years ago.

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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 Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X has previously complained to us about the tree and the damage it caused to his boundary wall, which he shares with Homes for Haringey. This complaint dates back more than five years and we declined to investigate it when Mr X first complained to us about it because it would have been reasonable for him to take the matter to court. We will not therefore revisit this issue now.
7. Mr X’s current complaint deals with the Council’s failure to repair the wall, which Mr X says it promised to do but has not, along with its alleged attempts to sell the property and its failure to reinstate the blocked-up fire exit.
8. Although these points were not part of Mr X’s previous complaint we cannot investigate them. This is because the Council’s involvement stems from its management of social housing through Homes for Haringey and the law does not allow us to investigate such matters, as set out at Paragraph 3.

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Final decision

9. We cannot investigate this complaint. This is because it concerns the Council’s management of social housing and such matters fall outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman