Summary: We cannot investigate Mr X’s complaint because we have no power to investigate complaints about councils acting in their capacity as social landlord.

The complaint

1. Mr X complained about the Council’s actions in relation to a boundary fence his neighbour, a Council tenant, wanted to install. He said he is being bullied into accepting a resolution that favours his neighbour.

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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’s neighbour, Ms Y is a Council tenant. In 2020 she asked the Council for permission to erect a fence, which was given. There was subsequently a dispute about the boundary line and where a fence could be erected. There was also a dispute about the advice the Council gave to the tenant about pruning overhanging branches from Mr X’s hedges.
7. When addressing these issues, the Council was acting as a social landlord. We cannot investigate complaints about the management of social housing. Further any dispute about the boundary, would be for the courts to determine. Therefore, we will not investigate this complaint further.

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Final decision

8. We cannot investigate Mr X’s complaint because it relates to the management of social housing.

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Investigator's decision on behalf of the Ombudsman