The Ombudsman's final decision
Summary: We cannot investigate this complaint that the Council will not cut back a tree near Mr X’s home as this complaint relates to the Council’s role as a social housing provider and so is not within our remit.
The complaint
Mr X complains the Council will not cut back a tree near to his home which he says is impacting his mental and physical health. Mr X considers the Council has not properly considered his individual circumstances and his human rights.
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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X lives in social housing and the Council is his landlord. The tree in question is an estate tree and is owned by the Council’s housing department. Mr X’s complaint therefore essentially relates to the Council’s management of its housing estate and as per paragraph three, we are not able to investigate.
Final decision
We cannot investigate Mr X’s complaint because it relates to the Council’s management of social housing and is therefore not within our legal remit.
Investigator's decision on behalf of the Ombudsman