The Ombudsman's final decision
Summary: We cannot investigate this complaint about damage caused by a tree growing in the garden of a Council social housing property. This complaint is not within our legal remit.
The complaint
Mx X complains a Council owned tree is causing damage to their property, overhangs their garden and touches their boundary wall at several points. Mx X wants the Council to cut the tree.
The Ombudsman’s role and powers
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) The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
As the tree in question grows in the garden of a social housing property owned by the Council, we cannot investigate, as per paragraph two, as the Council's actions in this regard are taken in its role as a manager of social housing. The Council has a tree management policy but management of trees in social housing estates is dealt with by its housing department.
Additionally, we cannot determine damage claims as such matters are ultimately to be decided in court. We would generally therefore not investigate complaints about damage caused by Council trees, and this would apply had Mx X’s complaint been within our remit. There is a relatively simple, low cost procedure open to anyone to make a money claim in court so Mx X could do this directly or via their insurers.
Final decision
We cannot investigate Mx X’s complaint because it is not within our legal remit.
Investigator's decision on behalf of the Ombudsman