Summary: The Ombudsman has no jurisdiction to investigate a complaint about the actions of the Council in its role as a social landlord.

The complaint

1. The complainant, who I refer to here as Mr and Mrs B have complained the Council will not remove a tree they believe is damaging their home.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint about action taken by or on behalf of a local authority in its capacity as a registered provider of social housing. This means action in connection with its housing activities so far as they relate to the provision or management of social housing.

[Local Government Act 1974, Schedule 5.5 (as amended)]

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How I considered this complaint

4. I have considered what Mr and Mrs B said in their complaint and background information provided by the Council.

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What I found

5. Mr and Mrs B want the Council to remove a tree on land behind Council-owned houses at the bottom of their garden.
6. We cannot investigate Mr B’s complaint about the way the Council manages the tree because our jurisdiction does not cover complaints about the management of social housing.

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Final decision

7. We have no jurisdiction to investigate this complaint.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman