London Borough of Lambeth (19 001 329)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 10 Jun 2019
The Ombudsman's final decision:
Summary: Ms X complains the Council refuses to act against her neighbour for chopping down a tree outside her property. The Ombudsman cannot investigate this complaint. This is because we cannot investigate complaints about the Councils actions as a landlord.
The complaint
- Ms X says her neighbour chopped down a tree outside his flat. She says this is an act of vandalism and a breach of tenancy rules.
The Ombudsman’s role and powers
- 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 the information provided by Ms X in her complaint form.
What I found
- Ms X told the Council her neighbour had chopped down a tree outside his property. She says this is a breach of tenancy rules and vandalism. She wants the Council to take action against him.
- The Ombudsman has had no authority to investigate complaints about the actions of social housing landlords. Ms X’s neighbour is a Council tenant and her complaints were dealt with by the Council’s as a landlord. We cannot investigate complaints about a council when it is acting as a landlord.
Final decision
- I cannot investigate this complaint. This is because her neighbour is a council tenant. And the Ombudsman does not have jurisdiction to consider complaints about a Council when it is acting as a landlord.
Investigator's decision on behalf of the Ombudsman