Summary: We cannot investigate this complaint about the Council’s response to the complainant’s concerns about trees on council-owned land and her enquiry about ownership of an adjoining fence. Complaints about the Council when it is acting in its role of managing its social and leasehold housing fall outside our jurisdiction.

The complaint

1. The complainant, Miss B, complained about the Council’s response to her concerns about trees on council-owned land and her enquiry about ownership of an adjoining fence.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate complaints about the provision or management of social housing or housing let on a long lease by a council acting as a registered social housing provider. (Local Government Act 1974, paragraphs 5A and 5B schedule 5, as amended)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss B told us the trees she is concerned about are on council-owned land surrounding flats.
7. We cannot investigate Miss B’s complaint because it is about the Council acting in its role of managing its social and leasehold housing. Such complaints fall outside our jurisdiction. We would not investigate a complaint about the Council’s complaint handling when we cannot investigate the issue which led to the complaint.

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Final decision

8. We cannot investigate Miss B’s complaint because complaints about the Council when it is acting in its role of managing its social and leasehold housing fall outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman