Summary: We cannot investigate this complaint about the Council’s failure to maintain a hedge. The law says we cannot investigate the actions of a social housing landlord in the management of its estates and tenants.

The complaint

1. Mr X complained the Council failed to maintain a hedge on one of its rented properties, which had overgrown into his garden. He said the hedge posed a serious risk to his family. Mr X would like the Council to send someone to cut back the overhanging hedge on a regular basis.

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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 X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X said that a hedge from one of the Council owned properties used for social housing had overgrown into his garden and caused a hazard. Mr X contacted the Council to ask them to cut back the hedge.
7. The Council told Mr X that it was his responsibility to cut the hedge back where it encroached into his garden. The Council offered to collect and dispose of any cuttings from the hedge.
8. 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.

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Final decision

9. We cannot investigate Mr X’s complaint because we have no jurisdiction to investigate the actions of a social housing landlord in the management of its estates and tenants.

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Investigator's decision on behalf of the Ombudsman