Oxford City Council (22 001 169)
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about the Council’s failure to take action over its tenant’s behaviour in relation to a gateway in a hedge. We have no jurisdiction to investigate the actions of a social housing landlord in the management of its estates and tenants.
The complaint
- Mr X complained about the Council’s failure to take action to stop one of its tenants using an unauthorised gateway in a hedge which other residents value as a significant environmental benefit.
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 considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says that the sole remaining tenant of one of the Council’s rented properties remove some of a length hedgerow which is at the rear of several residents’ homes. The residents raised a petition to the Council for it to prevent the tenant using the unauthorised entrance and to re-instate the hedge which has a wildlife and amenity value.
- The Council told Mr X that the opening was made in the hedge in 2016 by tenants previous to the current one and it cannot prevent the current tenant from using it.
- We cannot investigate complaints about the actions or failures of social housing landlords in the management of their stock and tenants. The Council is the landlord of the property and the complaint is about its management of the tenancy and its housing land.
Final decision
- We will not investigate this complaint about the Council’s failure to take action over its tenant’s behaviour in relation to a gateway in a hedge. We have no jurisdiction to investigate the actions of a social housing landlord in the management of its estates and tenants.
Investigator's decision on behalf of the Ombudsman