Summary: We cannot investigate Mr B’s complaint about the Council’s response to his concerns about nuisance trees at a property it owns. This is because we cannot investigate complaints about the management of social housing by a council acting as a social landlord.

The complaint

1. Mr B complains the Council has failed to fairly investigate his concerns about overhanging trees at an adjoining property which cause a nuisance and are damaging his property.

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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.
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)

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How I considered this complaint

4. I considered information provided by Mr B and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The trees Mr B complains about are located at a property which is owned and managed by the Council. So, Mr B’s complaint is about the Council’s management and maintenance of these trees in its role as the social landlord of the adjoining property.
7. We cannot investigate complaints about the management of social housing by a council acting as a social landlord. This restriction to our powers applies to complaints about the maintenance and management of property buildings, gardens, boundary features and trees. This restriction also applies even if the person who has complained privately owns or rents their property and is not a Council tenant or leaseholder.
8. This means we cannot investigate this complaint and have no discretion to start an investigation.

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Final decision

9. We cannot investigate Mr B’s complaint because it is about the management of social housing by the Council as a social landlord.

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Investigator's decision on behalf of the Ombudsman