Summary: We cannot investigate this complaint about the Council failing to maintain a tree at one of its properties. 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 and Ms B complain their fence has been damaged due to the Council’s failure to maintain a large tree at the adjoining property, which is owned by the Council. Mr B and Ms B would like the Council to repair the damage.

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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 Ms B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr B and Ms B own their property. The adjoining property is owned and managed by the Council as a Council tenancy.
7. This complaint about the Council’s maintenance of this tree is about the Council’s management of one of its properties in its role as a social landlord.
8. We cannot investigate complaints about the management of social housing by councils. This restriction to our powers applies to complaints about the maintenance of property buildings, gardens and boundary features. This restriction also applies even if the person making the complaint owns or privately rents their property.
9. This means we cannot investigate this complaint and have no discretion to start an investigation.

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Final decision

10. We cannot investigate this complaint because it is about the management of social housing by the Council.

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Investigator's decision on behalf of the Ombudsman