The Ombudsman's final decision
Summary: We cannot investigate Miss X’s complaint about how the Council dealt with her concerns about a nuisance tree in a property it owns. This is because the law prevents us from investigating complaints about councils when they are acting as a social landlord.
The complaint
Miss X complains that the Council has failed to carry out work to a tree in the garden of an adjoining property. Miss X says that leaves fall in her garden preventing her son from being able to play in it.
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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The tree Miss X complains about is located at a property which is owned and managed by the Council. So, Miss X’s complaint is about the Council’s management and maintenance of the tree in its role as the social landlord of the adjoining property.
We cannot investigate complaints about the management of social housing by a council acting as a social landlord. This restriction to our powers applies to complaints about the maintenance and management of property buildings, gardens, boundary features and trees. This restriction also applies even if the person who has complained privately owns or rents their property and is not a Council tenant or leaseholder.
This means we cannot investigate this complaint and have no discretion to start an investigation.
Final decision
We will not investigate Miss X’s complaint because the law prevents us from investigating complaints about councils when they are acting as a social landlord.
Investigator's decision on behalf of the Ombudsman