The Ombudsman's final decision
Summary: We cannot investigate this complaint that the Council has failed to maintain 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
Mrs B complains the Council has failed to maintain a boundary wall which forms part of a Council housing estate next to her home. Mrs B complains the Council is responsible for this wall but ignored her requests to repair the wall. Mrs B says she had no choice but to arrange for the repairs herself, but the Council has refused to reimburse her repair costs.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)
How I considered this complaint
I considered information provided by Mrs B and have viewed the area on Google Streetview.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs B’s property is next to a housing estate owned by the Council.
Mrs B’s complaint about the Council’s maintenance of the boundary wall is about the Council’s management of the adjoining housing estate.
We cannot investigate complaints about the management of social housing by a council acting as a social landlord. This restriction applies to complaints, like Mrs B’s complaint, which are about the management of Council housing estates including boundary features.
This means we cannot investigate Mrs B’s complaint and have no discretion to start an investigation.
Final decision
We cannot investigate Mrs B’s complaint because it is about the management of social housing by the Council as a social landlord.
Investigator's decision on behalf of the Ombudsman