Summary: The Ombudsman will not investigate Mr X’s complaint about the Council’s refusal to carry out work to a tree close to his home. This is because we have no powers to consider complaints about a council when it is acting as a landlord. Even if this was not the case, there is not enough evidence of fault by the Council.

The complaint

1. The complainant, whom I shall call Mr X, want the Council to prune a tree which is close to his home. Mr X says the tree is too large and is having an impact on his own amenity, as well as his neighbours.

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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 Mr X’s complaint to the Ombudsman and the information he provided. I also gave Mr X the opportunity to comment on a draft statement before reaching a final decision on his complaint.

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What I found

5. Mr X is unhappy about a tree on council owned land close to his home. The tree is on land which the Council owns and manages as part of its role as a social landlord. Mr X says the size of the tree means it is having an impact on his own amenity, as well as his neighbours.
6. The Council has responded to complaints from Mr X. It said the tree is on land which is the responsibility of its tenants. The Council has inspected the tree and found it to be healthy. It has said that there is no duty on a landowner to prune a tree if it is causing a loss of light. The Council’s view is the tree does not pose a health and safety risk and there is little that can be done to control leaves, sap, and branches falling from the tree. The Council has arranged for the tree to be pruned as a goodwill gesture – although Mr X does not think this is enough. The Council has told Mr X it will be writing to its tenants to say that if they fail to arrange future essential works, it will consider legal action for a breach of their tenancy agreement.
7. The exception at paragraph 3 applies to Mr X’s complaint. This is because the tree at the heart of Mr X’s complaint is on land managed by the Council in its role as a social landlord. This is not therefore a complaint we can consider.
8. But even if the exception at paragraph 3 did not apply, it is unlikely we would investigate. The Council has considered Mr X’s concerns, assessed the tree, and has decided it is healthy. It has explained the tenants’ responsibility and has arranged for some work to be carried out. I do not see any fault in how the Council has reached its decisions. While Mr X would like the Council to carry out further pruning, this is not a decision the Ombudsman could take. On balance, even if the complaint was within the Ombudsman’s jurisdiction, it is not one we would consider. This is because there is not enough evidence of fault by the Council.

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Final decision

9. The Ombudsman cannot investigate Mr X’s complaint. This is because we have no powers to consider complaints about a council when it is acting as a landlord. Even if this was not the case, there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman