Birmingham City Council (19 006 559)
The Ombudsman's final decision:
Summary: Mr X complained about the Council’s failure to remove a tree from a neighbouring tenant’s garden which he says may damage his property’s drainage in future. The Ombudsman cannot investigate this complaint. This is because the complaint concerns the management of a social housing tenancy and this is outside the Ombudsman’s jurisdiction.
The complaint
- The complainant, whom I shall call Mr X, complains about the Council failing to take action to remove a tree in a neighbouring tenant’s garden. He says that when the tree matures it may cause damage to the pipes and drainage of the houses.
The Ombudsman’s role and powers
- 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 have considered all the information which Mr X submitted with his complaint. I have also considered the Council’s response and Mr X has commented on the draft decision.
What I found
- Mr X lives next door to a council-owned property. He owns his own home. He says there is a sapling in the neighbouring tenant’s garden which he is concerned about. He believes it may damage drainage systems with its roots when it matures.
- Mr X complained to the Council’s housing department and it inspected the tree. It told him it did not consider there to be a problem and warned him about anti-social behaviour towards its tenant. It referred him to the Housing Ombudsman service when he complained about its failure to act. The Housing Ombudsman informed him that it cannot accept complaints from householders who are not social housing tenants.
- Since April 2013 the Ombudsman has had no authority to investigate the management of social housing tenancies by council landlords. This complaint concerns a tenancy of a social housing property and it is outside our jurisdiction. The law says we have no discretion to investigate such complaints.
Final decision
- The Ombudsman cannot investigate this complaint. This is because the complaint concerns the management of a social housing tenancy and this is outside the Ombudsman’s jurisdiction.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman