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
- 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.
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 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.
What I found
- 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.
- 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.
Final decision
- 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.
Investigator's decision on behalf of the Ombudsman