Summary: We cannot investigate Mr B’s complaint about the behaviour of the Council tenant at the adjoining property. This is because we cannot investigate complaints about the management of social housing by councils.

The complaint

1. Mr B complains the Council tenant at the adjoining property cut and damaged his trees beyond repair. Mr B says the Council took too long to investigate the actions of its tenant and did not investigate the matter properly. Mr B also says the Council took too long to tell him it considered the tenant was responsible for putting right the damage. This meant it was too late for him to take civil action against the tenant.
2. Mr B says the Council’s mishandling of this matter has meant he has been unable to recoup the money needed to replace the damaged trees.

Back to top

The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)

Back to top

How I considered this complaint

5. I considered information provided by Mr B.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Mr B owns his property. The adjoining property is owned and managed by the Council as a Council tenancy.
8. Mr B complains about the actions of the Council’s housing department after he reported that the Council tenant at the adjoining property had damaged his trees. So, the Council’s handling of this matter has been in its role as the social landlord of the adjoining property.
9. We cannot investigate complaints about the management of social housing by councils. This restriction applies to complaints like Mr B’s complaint which are about the behaviour of a Council tenant which falls within the remit of a social landlord.
10. This means we cannot investigate Mr B’s complaint and have no discretion to start an investigation.

Back to top

Final decision

11. We cannot investigate Mr B’s complaint because it is about the management of social housing by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman