The Ombudsman's final decision
Summary: We cannot investigate this complaint about Japanese Knotweed spreading to the complainant’s property from the neighbouring Council owned property. This is because we have no power to investigate a council when it is acting as a landlord.
The complaint
The complainant, whom I refer to as Mr X, complains the Council has not taken effective measures to remove Japanese Knotweed from a property it rents to tenants, next to Mr X’s home. The weed has spread to Mr X’s land and he wants the Council to eradicate all the weed from his property and prevent any further spread.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 Mr X and the Council. This includes confirmation that all the action has been taken by the Council’s housing service. I considered the Ombudsman’s Assessment Code.
My assessment
Mr X lives next to a property which is owned by the Council and rented to Council tenants. Mr X reported Japanese Knotweed that had spread from the Council property to his own property. The Council has arranged several treatments and more treatments are planned for 2022. Mr X is dissatisfied with the treatments and wants the Council to take enhanced action to ensure the weed is completely removed from his land.
The law says we cannot investigate any complaint which involves the Council acting as a landlord. The Council has arranged treatments for the weed in its capacity as the landlord for the neighbouring property. This means we cannot start an investigation and cannot intervene in any further action the Council may take.
Final decision
I cannot start an investigation because I have no power to investigate a council when it is acting as a landlord and carrying out housing management functions.
Investigator's decision on behalf of the Ombudsman