Dudley Metropolitan Borough Council (21 016 712)
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about the Council’s refusal to cut down a tree at a Council-owned property. This is because we cannot investigate complaints about the management of social housing by councils.
The complaint
- The complainant, who I will refer to as Mrs B, complains that the Council has refused to cut down a tree at a neighbouring property, which is a Council tenancy. Mrs B says the tree is a nuisance and significantly affects her enjoyment of her home.
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 Mrs B.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The tree Mrs B complains about is on land which is owned and managed by the Council as a Council tenancy. The tree was planted by Mrs B’s neighbour, who is a Council tenant. But, the maintenance and management of this property, including trees and vegetation within the property boundary, is the responsibility of the Council as a social landlord.
- We cannot investigate complaints about the management of social housing by councils acting as social landlords. This means we have no discretion to investigate the issue Mrs B complains about.
Final decision
- We cannot investigate Mrs B’s complaint because it is about the management of social housing by the Council.
Investigator's decision on behalf of the Ombudsman