Summary: We cannot investigate this complaint about the Council taking too long to put up a replacement fence at a property it owns. This is because we cannot investigate complaints about the management of social housing by a council in its role as a social landlord.

The complaint

1. Mrs B complains the Council has taken too long to put up a suitable replacement fence at the adjoining property which is a Council tenancy.

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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. The Act says 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 Mrs B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs B owns her property. The adjoining property is owned and managed by the Council as a Council tenancy.
7. Mrs B’s complaint is about the Council’s management of the adjoining property in its role as a social landlord. We cannot investigate complaints about the management of social housing by a council. This restriction applies to complaints about maintenance issues relating to property buildings, gardens and boundary features. This restriction also applies even if the person making the complaint is not a Council tenant.
8. This means we cannot investigate this complaint and have no discretion to start an investigation.

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Final decision

9. We cannot investigate this complaint because it is about the management of social housing by the Council.

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Investigator's decision on behalf of the Ombudsman