Summary: We will not investigate this complaint about the management of a highway tree. This is because there is no evidence of fault on the Council’s part.

The complaint

1. The complainant, who I will refer to as Mrs X, complains that the Council has failed to respond reasonably to her request for more regular maintenance of a highway tree.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

5. Mrs X’s complaint concerns a highway tree close to her property. Mrs X says the tree is large and causes nuisance to residents. She is also concerned about potential risk the posed by the tree to pedestrians and property.
6. The evidence shows that the tree was last pruned in 2020. Mrs X asked the Council to carry out a site visit and expressed her view that canopy reduction was appropriate. In response, the Council said out that the tree was inspected as recently as November 2023, and that no works were found to be required. It set out that the tree was inspected on a five-yearly cycle, but said it would carry out an extra inspection in 2024.
7. Miss X is not satisfied with the response. She believes the Council’s five-yearly inspection programme is inadequate, and says it compares unfavourably to the tree management policies of other authorities.
8. The Ombudsman will not investigate Mrs X’s complaint. This is because there is no evidence of fault on the Council’s part. Its response properly sets out how it applies its tree maintenance policy. There is nothing to indicate that the policy itself is flawed and its application is a matter for the professional judgement of officers. It has also agreed to carry out an extra inspection of the tree. Without evidence of fault, the Ombudsman cannot intervene to criticise the Council’s decisions, or substitute an alternative view.

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Final decision

9. We will not investigate Mrs X’s complaint because there is no indication of fault on Mrs X’s fault.

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Investigator's decision on behalf of the Ombudsman