The Ombudsman's final decision
Summary: We cannot investigate Miss B’s complaint that a tree at a Council owned property caused damage to her property. This is because we cannot investigate complaints about the management of social housing by a council acting as a social landlord.
The complaint
Miss B complains the Council failed to respond to her concerns about a large tree at an adjoining property, which is owned by the Council. Miss B says a large branch later fell from this tree and damaged parts of her property. Miss B says the Council then delayed replacing the damaged fencing and has not made a suitable offer of compensation for her damaged possessions and the distress she has suffered.
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 Miss B.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss B’s complaint is about the Council’s handling of her concerns about a tree at a Council owned property. So, Miss B’s complaint is about the Council’s management of this property in its role as a social landlord.
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 (including trees), and boundary features. This restriction also applies even if, as with this complaint, the person who has complained is not a Council tenant or leaseholder.
This means we cannot investigate Miss B’s complaint and have no discretion to start an investigation.
Final decision
We cannot investigate Miss 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