Summary: We will not investigate this complaint about the Council’s maintenance of a hedge bordering the complainant’s property. This is because it concerns the Council’s actions as a social landlord and the law says we cannot consider such matters.

The complaint

1. The complainant, whom I refer to here as Ms X, says the Council did not meet its obligation to maintain a hedge bordering her property. Ms X says she has incurred costs and spent an unreasonable amount of time in pursuit of a resolution, causing inconvenience and distress. Ms X would like the Council to pay compensation.

Back to top

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 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)
4. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

Back to top

How I considered this complaint

5. I considered information provided by Ms X and the Council.
6. I discussed the details of the complaint with Ms X.
7. Ms X and the Council had an opportunity to comment on a draft version of this decision.

Back to top

What I found

8. In 2015, the Council confirmed to Ms X that it was responsible for maintaining the hedge bordering part of her home. The hedge acts as a boundary between Ms X’s home and a neighbouring property, for which the Council is the landlord. Ms X made efforts to maintain the hedge herself, but recently asked the Council to fulfil its stated obligation to trim the hedge. This was in part because of worsening relations between Ms X and her neighbour, a Council tenant.
9. Ms X complained to the Council about the time taken to trim the hedge. The Council acknowledged the delay, explaining this was because of difficulty agreeing access to the neighbouring property with its tenant. The Council confirmed it would trim the hedge if its tenant did not. The Council did trim the hedge, approximately four months later than originally stated.

Back to top

Analysis

10. In this case, the Council’s responsibility for overall maintenance of the hedge arises because it is the landlord of the neighbouring property.
11. The restriction outlined in paragraph 3 therefore applies: the law says we cannot investigate a complaint about a Council’s actions when it relates to the provision or management of social housing.

Back to top

Final decision

12. I have not investigated Ms X’s complaint. This is because the complaint concerns the Council’s actions as a social landlord and the law says we are unable to consider such matters.

Back to top

Investigator's decision on behalf of the Ombudsman