The Ombudsman's final decision
Summary: We will not investigate this complaint about maintenance of a neighbour’s garden or a strip of land next to a fence. This is because we have no remit to consider the Council’s action in connection with its management of its social housing and any remaining injustice is not significant enough to justify our involvement.
The complaint
Miss X complains the Council have failed to ensure her neighbours maintain their garden and the council have failed to maintain a strip of land they own behind her garden.
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) We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide any injustice is not significant enough to justify our involvement.
How I considered this complaint
I considered the information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X lives next door to a property owned by the council and rented as social housing. Her garden also backs onto a walkway owned by the council.
Miss X says the garden at the neighbour’s garden is overgrown and that this has caused her issues selling her home as well as providing harbourage to rodents.
Miss X complains the Council have failed to take adequate steps to ensure the garden is properly maintained.
We cannot investigate this element of the complaint because we have no jurisdiction to consider complaints in connection with the Council’s management of its social housing.
Miss X also complains that the land to the rear of her property is overgrown and preventing her from accessing her fence.
The Council have agreed to clear the land behind her property and arrange for twice-yearly maintenance. I recognise Miss X is unhappy at the Council’s response, but we will not investigate as the outstanding injustice caused is not significant enough to justify our involvement.
Final decision
We will not investigate Miss X’s complaint because we do not have jurisdiction to investigate matters relating to the Council’s management of its social housing and any remaining injustice is not significant enough to justify our involvement.
Investigator's decision on behalf of the Ombudsman