Royal Borough of Greenwich (21 015 986)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 10 Mar 2022
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about the Council’s maintenance of trees on one of its social housing estates. We have no jurisdiction to investigate the management of housing by social housing landlords.
The complaint
- Ms X complained about the Council’s failure to maintain trees in the communal gardens of the flats where she lives. She says the canopy has become too large and blocks light and affects the drainage with fallen leaves and roots. She wants the Council to carry out extensive pruning to reduce the effects on her home.
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 information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X says she has been complaining about the growth of the canopy of a nearby maple tree and others in the communal gardens of the flats where she lives. She says the canopy blocks light and causes mould in her flat and the leaves have affected the drains and create a slip hazard for her on the footways. She has asked the Council Housing department several times to cut back the growth to an acceptable level.
- The Council wrote to Ms x and informed her that it does not cut back trees unless they are causing structural damage or touching a building. It said it is not its policy to remove or prune tree for reasons of light, shade, leaf fall, dominance etc. as the health of the tree is paramount in line with its ecological policy.
- We cannot investigate the actions of social housing landlords in estate management or landlord/tenant issues. Ms X lives in a flat managed by the housing authority and the trees are the responsibility of the Council’s housing staff.
Final decision
- We cannot investigate this complaint about the Council’s maintenance of trees on one of its social housing estates. We have no jurisdiction to investigate the management of housing by social housing landlords.
Investigator's decision on behalf of the Ombudsman