The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint about the Council’s failure to respond to his complaints about damage to his garden/fence from the tree next door. This is because the property next door is a Council property. And we are prohibited from investigating complaints about the Council’s management of its social housing.
The complaint
In summary, Mr X complains about the Council’s failure to deal with his complaints about damage to his garden/ fence from a tree next – door.
He says while the tree has been removed, he would like the roots removed and compensation.
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
Assessment Mr X is raising concerns about matters in connect with a Council owned property used for social housing. The Council’s actions Mr X complains about relate to its management of this property so we cannot investigate. Further, we cannot investigate complaints about complaints procedures where the substantive matter lies outside our jurisdiction.
Final decision
I cannot investigate this complaint as it relates to the Council’s management of its social housing and so lies outside our legal remit.
Investigator's decision on behalf of the Ombudsman