Summary: We will not investigate this complaint about the Council’s decision not to prune a tree. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Ms X, disagrees with the Council’s decision not to prune a tree. The branches overhang her garden and drop sap. Ms X wants the Council to prune the 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 impact 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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Ms X and the Council. This includes the complaint correspondence and photographs provided by Ms X. I also considered our Assessment Code.

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My assessment

4. There is a Council owned tree in a park next Ms X’s home. The branches overhang her garden; sap drops onto Ms X car causing damage and making it dirty.
5. Ms X asked the Council to prune the tree. The Council inspected the tree and explained that, as the tree is not dead, dying, diseased or dangerous then it would not do any work. It also said sap is a natural occurrence. The Council explained that it only has the resources to carry out essential tree work when a tree is dead, diseased or dangerous. It said it would not prune the tree because it does not meet the criteria for tree work. The Council told Ms X she has the right to cut the branches back to the boundary but she would have to employ a tree surgeon.
6. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council responded appropriately to Ms X’s request by checking the condition of the tree, establishing that it is healthy and explaining it does not meet the criteria for tree work. It also told Ms X she could cut back the tree to the boundary although she would have to pay for the work. I acknowledge the tree causes some difficulty for Ms X but the Council’s response reflects the policy so there is no reason for us to start an investigation. We do not act as an appeal body and we cannot intervene simply because a council makes a decision that someone disagrees with.

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Final decision

7. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman