Torbay Council (23 014 757)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 05 Feb 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about how the Council deal with the cutting back of shrubs and removal of trees. This is because there is insufficient evidence of fault with the Council’s decision about how the shrubs should be maintained, and we have previously considered a complaint about the removal of trees.
The complaint
- Mrs X complains about the Council’s decision to cut back shrubs on its land. Mrs X says the shrubs cross her boundary and the Council’s decision on when and how to cut the shrubs affected how they grew back meaning she had to cut them on her side more frequently. Mrs X also complains about matters relating to the Council’s decision to remove trees adjacent to her home.
The Ombudsman’s role and powers
- We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- I will not investigate Mrs X’s complaints related to the removal of trees near her home. This is because we have already considered a complaint from Mrs X about this matter.
- I will not investigate Mrs X’s complaint about the Council’s decision to cut back shrubs that border her property. A Council officer carried out a visit and assessed the shrubs concluding that significant cutting needed to be carried out. This was a professional judgement that the Council was entitled to make, and it was not affected by fault. Whilst Mrs X may strongly disagree with it, this does not mean the Council has done anything wrong.
Final decision
- We will not investigate Mrs X’s complaint because there is insufficient evidence of fault by the Council regarding the cutting of shrubs and we have previously considered a complaint from Mrs X about the removal of trees.
Investigator's decision on behalf of the Ombudsman