Summary: We will not investigate this complaint about the Council failing to force the complainant’s neighbour to cut back their hedge. The complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complainant has been dealt with by a Housing Association which is not in our jurisdiction.

The complaint

1. Miss J complaints the Council refuses to ensure her neighbour’s hedge is cut back.

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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.

We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)

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How I considered this complaint

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

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Final decision

5. We cannot investigate Miss J’s complaint because the Council is not responsible for managing the neighbour’s tenancy. The response Miss J received is from a Housing Association which is outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman