London Borough of Newham (20 006 169)

Category : Environment and regulation > Other

Decision : Closed after initial enquiries

Decision date : 02 Dec 2020

The Ombudsman's final decision:

Summary: The Ombudsman will not investigate Mr X’s complaint about how the Council has responded to a report of Japanese knotweed / giant hogweed on its land. This is because we cannot consider complaints about a council when it is acting as a registered social housing provider.

The complaint

  1. The complainant, whom I shall refer to as Mr X, complains about the way the Council has dealt with a growth of Japanese knotweed / giant hogweed on its land.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  2. 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)

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How I considered this complaint

  1. I considered Mr X’s complaint to the Ombudsman and the information he provided. I also gave Mr X the opportunity to comment on a draft statement before reaching a final decision on his complaint.

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What I found

  1. Mr X says he contacted the Council in June 2019 about Japanese knotweed / giant hogweed at a council owned property next to his own. Mr X says that because of the growths he was unable to remortgage his property leading to higher repayments. Mr X wants the Council to deal with the knotweed / hogweed, implement a treatment plan, and to compensate him for the higher mortgage payments. The Council has told Mr X it is struggling to access the property and it may need to obtain a court order.
  2. The exception at paragraph 3 applies to Mr X’s complaint. The Local Government Act 1974 states the Ombudsman cannot investigate complaints about the management of social housing by a council acting as a registered social housing provider. This includes matters relating to estate management and ground maintenance. Mr X’s complaint is about the growth of knotweed / hogweed on council land, specifically the grounds of social housing. We therefore have no jurisdiction to consider Mr X’s complaint.

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Final decision

  1. The Ombudsman cannot investigate Mr X’s complaint. This is because we cannot consider complaints about a council when it is acting as a registered social housing provider.

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Investigator's decision on behalf of the Ombudsman

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