Summary: Mr X complained about the Council’s decision to place a preservation order on a tree in the garden of his rented Council home. He says this prevented him from buying the property due to insurance problems. The Ombudsman cannot investigate this complaint. This is because he withdrew his applications before the 12-month period for accepting complaints. He remains a tenant of a social housing landlord and these bodies are outside the Ombudsman’s jurisdiction.

The complaint

1. The complainant, whom I shall call Mr X, complains about the Council placing a preservation order on a tree in the garden of the property which he rents from the Council. He says the order prevented him from buying the property because he could not secure buildings insurance.

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The Ombudsman’s role and powers

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)
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

5. I have considered all the information which Mr X submitted with his complaint. I have also considered the Council’s response and Mr X commented on the draft decision.

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What I found

6. Mr X lives in a bungalow which he rents from the Council. In 2017 he applied to buy the property but says he found obtaining buildings insurance difficult because of a large tree in the garden. He suggested to his Council landlord that he intended to fell the tree and the Council placed a tree preservation order on it despite his objections. After this he withdrew the Right to Buy application.
7. In 2018 Mr X submitted another application to buy but withdrew it because the Council would not remove the tree, although it did carry out significant pruning. Mr X complained to the Council that the tree was a danger to the property and that it was preventing him from obtaining insurance.
8. The Council says the tree has significant amenity value and is not a danger through falling. It has no obligation to remove the tree simply because he wants to buy his home. The Council as social housing landlord is responsible for the buildings insurance and the safety of its tenants.
9. The Ombudsman cannot investigate complaints about the Right to Buy applications because the complainant withdrew them himself and the TPO was approved more than 12 months before he complained to us. The remaining concern about the safety of the tree is a matter between Mr X and his social housing landlord. Since 2013 the Ombudsman has had no authority to investigate complaints against these bodies and cannot do so.

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Final decision

10. The Ombudsman cannot investigate this complaint. This is because he withdrew his applications before the 12-month period for accepting complaints. He remains a tenant of a social housing landlord and these bodies are outside the Ombudsman’s jurisdiction.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman