The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s refusal to cut down a tree at a Council-owned property. This is because we cannot investigate complaints about the management of social housing by councils.
The complaint
The complainant, who I will refer to as Mrs B, complains that the Council has refused to cut down a tree at a neighbouring property, which is a Council tenancy. Mrs B says the tree is a nuisance and significantly affects her enjoyment of her home.
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.
I considered the Ombudsman’s Assessment Code.
My assessment
The tree Mrs B complains about is on land which is owned and managed by the Council as a Council tenancy. The tree was planted by Mrs B’s neighbour, who is a Council tenant. But, the maintenance and management of this property, including trees and vegetation within the property boundary, is the responsibility of the Council as a social landlord.
We cannot investigate complaints about the management of social housing by councils acting as social landlords. This means we have no discretion to investigate the issue Mrs B complains about.
Final decision
We cannot investigate Mrs B’s complaint because it is about the management of social housing by the Council.
Investigator's decision on behalf of the Ombudsman