Summary: Miss X complains the Council has failed to cut back a hedge which borders her property. We cannot investigate as this complaint is about how the Council manages its social housing estates and such complaints are not within our remit.

The complaint

1. Miss X complains the Council has failed to cut back a hedge which borders her property. This is preventing light from reaching Miss X’s garden and causing damage to her fence.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I have considered what Miss X said in her complaint and comments she made after I had issued a decision. This amended final decision takes into account those comments and additional information provided by the Council to me.

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What I found

4. Miss X’s property is bordered by a hedge on Council owned land. Miss X says that tenants living in a nearby Council property used to cut back the hedge, but since they left, the hedge has grown out of control. Miss X says this prevents light from reaching her garden and is also damaging her fence.

Analysis

5. The hedge is located on land which forms part of the Council’s estate used for social housing. The law says we cannot investigate complaints about how a council manages its social housing estates. We cannot therefore investigate this complaint.

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Final decision

6. We cannot investigate this complaint as it relates to the Council’s management of its housing estates and so is out of our legal remit.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman