Summary: We cannot investigate Mr B’s complaint about the Council’s failure to replace a boundary fence at one of its properties. 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. Mr B complains the Council has failed to replace a fallen boundary fence at the adjoining property which is owned by the Council. Mr B says this has allowed his neighbour’s dogs to enter his garden making it unusable for his family.

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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 B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr B owns his property. The adjoining property is owned by the Council.
7. Mr B’s complaint is about the Council’s management of the adjoining property. We cannot investigate complaints about the management of social housing by a council in its role as a social landlord. This restriction to our powers applies to complaints, like Mr B’s complaint, which are about disrepair issues and tenant behaviour.
8. This restriction also applies even if the person making the complaint is not a council tenant or leaseholder.
9. This means we cannot investigate this complaint and have no discretion to start an investigation.

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Final decision

10. We cannot investigate this complaint because it is about the management of social housing by the Council as a social landlord.

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Investigator's decision on behalf of the Ombudsman