Summary: We cannot investigate this complaint about the Council’s decision not to prune or remove a tree. This is because the decision was made by the Housing Service and we have no power to investigate a council when it is making housing management decisions.

The complaint

1. The complainant, whom I refer to as Mrs X, complains the Council will not prune or remove a tree, even though she offered to pay for the work. She says the tree is dangerous and her vehicle has been damaged by falling leaves, sap and branches.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
4. 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

5. I considered information provided by Mrs X and the Council. This includes the complaint correspondence and information about who is responsible for the land. I also considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X asked the Council to fell a tree. She says it is dangerous and causes problems by dropping leaves, spa and leaves.
7. A tree officer inspected the tree and found it to be in a good condition. The Housing Service then agreed that no work is needed. The Council told Mrs X it would not prune or remove the tree because it is in a good condition and doing any work would be contrary to its tree policy. The tree policy says the Council will not prune or fell a tree for reasons linked to sap or leaf fall.
8. I cannot start an investigation because I have no power to investigate housing management issues made by the Council’s housing service. In this case, the tree is on housing land and while it was a tree officer who inspected the tree, it was the Housing Service who decided not to take any action.
9. I would add that even if we had the power to investigate we would not do so. This is because a tree officer inspected the tree and found no safety issues. It is not fault for a council to follow the professional judgement of a tree officer. In addition, the decision reflects the tree policy which states the Council will not remove a tree due to leaf or sap fall.

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Final decision

10. We cannot investigate this complaint because we have no power to investigate housing management issues.

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Investigator's decision on behalf of the Ombudsman