Summary: We cannot investigate Mr C’s complaint about overgrown vegetation at a Council property. This is because we cannot investigate complaints about the management of social housing by a council acting as a social landlord.

The complaint

1. Mr C complains the Council has not taken action about overgrown vegetation at a Council-owned property which is affecting his garden.

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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 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

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

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My assessment

6. Mr C’s complaint is about the Council’s management of one of its properties in its role as a social landlord.
7. We cannot investigate complaints about the management of social housing by councils. This restriction to our powers applies to complaints about the maintenance of property buildings, gardens and boundary features. This restriction also applies even if the person making the complaint owns or privately rents their property.
8. This means we cannot investigate Mr C’s complaint and have no discretion to start an investigation.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman