Summary: We cannot investigate Mr B’s complaint that the Council has failed to maintain and repair a housing estate boundary wall. This is because we cannot investigate complaints about the management of social housing by a council acting as a social landlord.

The complaint

1. Mr B complains the Council has failed to take action about a collapsed boundary wall at the rear of his property.

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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 Mr B and have viewed the area online.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The wall Mr B complains about forms part of the boundary of a Council housing estate.
7. So, Mr B’s complaint about the maintenance of this wall is about the Council’s management of the adjoining housing estate.
8. We cannot investigate complaints about the management of social housing by a council acting as a social landlord. This restriction applies to complaints, like Mr B’s complaint, which are about the management of council housing estates including boundary features.
9. Also, this restriction to our powers applies even if the person making the complaint is not a Council tenant or leaseholder.
10. This means we cannot investigate Mr B’s complaint and have no discretion to start an investigation.

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Final decision

11. 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