The Ombudsman's final decision
Summary: We will not investigate this complaint about debris in the complainant’s garden. This is because we have no remit to consider complaints about the Council’s actions when it is acting as a social housing landlord.
The complaint
Mrs X owns her property and lives next door to a council owned property. She complains about debris in her garden arising mainly from a tree in her neighbour’s property. She also says the Council failed to remove builders waste from her garden when it did works in her property four years ago.
Mrs X says she is 85 years old and is being caused stress and anxiety.
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 housing let on a long lease by a council that is a registered social housing provider. (Local Government Act 1974, paragraph 5B, 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
We cannot investigate this complaint as it concerns the Council’s actions as a landlord of social housing.
Final decision
We cannot investigate Mrs X’s complaint because it concerns the Council’s actions as a social housing landlord.
Investigator's decision on behalf of the Ombudsman