Summary: We will not investigate this complaint about a dispute between neighbours over an overgrown tree and bushes. This is a private matter between a private householder and a social housing landlord who is responsible for the neighbouring property. Boundary disputes are civil matters and the Ombudsman has no authority to investigate complaints about social housing landlords.

The complaint

1. Mrs X complained about her neighbours who are tenants of a housing association landlord. She says there is a large tree and several bushes which are overgrown and blocking light for her home. She also companied about the attitude of the tenants to her complaints.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6))

3. 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

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X complained about an overgrown tree in her neighbour’s garden in 2019. The housing association landlord which owns the neighbouring property assessed the tree and decided no work was required at present. Mrs X says the tree and bushes have grown further since then.
7. She complained to the Council in 2021 but it told her that it could not intervene in a private dispute between Mrs X and her neighbours. She would have to take up the matter with the housing association landlord or seek a civil remedy. Mrs X also referred the matter to the Police, but they also said it was a private matter.
8. The Ombudsman may not question the merits of decisions which have been made in a proper manner. This means the Ombudsman will not intervene in disagreements about the merits of decisions. The neighbouring property is owned by a social housing landlord and Mrs X should seek a response from that body. If she is dissatisfied with any response she could consider seeking a remedy in the courts. We have no authority to investigate complaints about social housing landlords.

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Final decision

9. We will not investigate this complaint about a dispute between neighbours over an overgrown tree and bushes. This is a private matter between a private householder and a social housing landlord who is responsible for the neighbouring property. Boundary disputes are civil matters and the Ombudsman has no authority to investigate complaints about social housing landlords.

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Investigator's decision on behalf of the Ombudsman