London Borough of Lambeth (23 008 732)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 09 Oct 2023
The Ombudsman's final decision:
Summary: We cannot investigate Miss X’s complaint about the Council’s maintenance of trees on one of its social housing estates. We have no jurisdiction to investigate when the Council is acting as a social landlord.
The complaint
- Miss X complained the Council will not remove a tree which is hitting her roof. She says this is the Council’s responsibility as it planted the tree. Miss X says the tree is causing mould in her home.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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 Miss X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X complained to the Council about a tree which is close to her property. She said the tree was causing damage and asked the Council to remove it. Miss X was previously a council tenant but now owns her property.
- The Council has arranged an inspection of the tree by a Council Aboricultural Officer. The officer found the tree is not currently damaging the property but is likely to cause issues as it grows. He advised the tree should be removed and the roots poisoned within six months.
- The Council’s Tree Management Policy states that tenants, leaseholders and freeholders are expected to reduce any nuisance caused by trees in their gardens.
- Any responsibility the Council has for the tree arises because it is on land the Council manages as a social landlord. As I explain in paragraph 3, we cannot investigate complaints about a Council’s actions when it relates to the provision or management of social housing. Miss X’s complaint is therefore outside our jurisdiction.
Final decision
- We cannot investigate this complaint about the Council’s maintenance of trees on one of its social housing estates. 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.
Investigator's decision on behalf of the Ombudsman