Summary: We will not investigate this complaint about the Council’s response to the complainant’s request for the removal or pruning of trees. This is because there is no evidence of significant fault on the Council’s part.

The complaint

1. The complainant, who I will refer to as Miss X, complains that the Council has failed to respond reasonably to her request for pruning or removal of trees close to her property.

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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 and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X says two Council-owned trees are overgrown and overhang her property. She is concerned that, unless they are removed or significantly reduced in size, they may cause damage to the property in future.
6. Miss X asked the Council to remove the trees. She complains that its response has been inadequate. She says the Council said it would carry out pruning. However, the pruning was not carried out by the agreed date, and she was compelled to contact the Council before contractors attended to carry out the work.
7. Miss X says the work the contractors carried out was inadequate, in that the overhanging branches were not removed. She made a formal complaint to the Council. The Council’s responses set out its view that necessary works have been carried out, and that it will take no further action at this point.
8. The Ombudsman will not investigate Miss X’s complaint. She disagrees with the Council’s view that the trees do not require more pruning. That is not a matter on which we can express a view.
9. It is for the Council’s officers to use their professional judgement to apply the Council’s tree maintenance policy. In this case, the Council has properly explained why it will take no further action. There is no evidence of fault in the way it has reached this view. That being the case, we cannot criticise the decision, or intervene to substitute an alternative view.

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Final decision

10. We will not investigate Miss X’s complaint because there is no evidence of significant fault on the Council’s part.

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Investigator's decision on behalf of the Ombudsman