Summary: We will not investigate this complaint about maintaining a tree on housing association property. The complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The Council is not responsible for the maintenance of housing association property.

The complaint

1. The complainant, I shall call Miss X complains that a tree in her neighbour’s garden drops pinecones in her garden. She says her children ‘turn their ankles’ on the pinecones when they play in the garden.

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The Ombudsman’s role and powers

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

2. I considered the information provided by Miss X and the Council.
3. I considered the Ombudsman’s Assessment Code.

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Final decision

4. We will not investigate Miss X’s complaint. The Council is not responsible for managing housing association property. Housing associations are not in our jurisdiction.

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Investigator's decision on behalf of the Ombudsman