The Ombudsman's final decision
Summary: We cannot investigate Mr B’s complaint about the Council cutting down trees in his garden. This is because we cannot investigate complaints about the management of social housing by councils.
The complaint
Mr B, who is a Council tenant, complains about the Council’s handling of works to remove trees from the garden of his property.
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 B.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr B’s complaint is about the Council’s management of his property in its role as a social landlord. We cannot investigate complaints about the management of social housing by councils. This restriction applies to complaints about the maintenance and management of property buildings, gardens, trees and boundary features. This means we cannot investigate this complaint and have no discretion to start an investigation.
Final decision
We cannot investigate Mr B’s complaint because it is about the management of social housing by the Council.
Investigator's decision on behalf of the Ombudsman