Summary: We will not exercise discretion to investigate this complaint about the Council planting a tree in the public highway in 2018. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

The complaint

1. Mr X complained about the Council planting a tree in the footway of the road where he lives which he says is an unsuitable location for a tree of this variety. He has been complaining since 2019 to have it removed as it is causing damage to his wall and the footway and deposits debris on cars and land around it.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), 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. Mr X says the Council planted a tree in the footway outside his neighbours home six years ago. He protested at the time that the variety of tree, an alder, was not correct for the location due to its potential to grow to large size and spread and that this could cause future problems.
7. Since the tree was planted, he says the Council was required to replace damaged paving stones with tarmac and that his front wall has suffered cracking from root damage.
8. We will not investigate Mr X’s complaint about the planting of this tree because it took place six years ago which is outside the 12-month period for receiving complaints. Mr X complained to the Council as long ago as 2019 and it was reasonable for him to complain to us if he was dissatisfied with the outcome. There is no evidence to suggest that Mr X could not have complained to us sooner.
9. If the tree is currently causing damage to Mr X’s property this is a civil matter and he could submit a claim to the Council’s insurers for negligence. The repair of the highway is a matter for the highway authority who also manage the trees in the public highway.

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Final decision

10. We will not exercise discretion to investigate this complaint about the Council planting a tree in the public highway in 2018. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman