Summary: Ms X complained the Council felled five trees on her land. We have found fault with the Council for using old maps and removing the trees in error.

The complaint

1. Ms X complained the Council cut down five trees that were on her land. She said the Council trespassed and have left an unsightly gap.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I have considered Ms X’s complaint and supporting information.
5. I have also considered the Council’s response to Ms X and to my enquiries.
6. Ms X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Council tree policy

7. All council owned and maintained trees are inspected, categorised, and work is prioritised. High priority works are complete within 10 working days of inspections. Work required due to a health and safety issue, or actionable nuisance will be completed within 12 to 24 months of inspection.
8. The policy states that trees will not be removed unless there is a demonstrable arboriculture, safety or legal reason for the removal.
9. It says the Council will prune street trees (on Council land) to ensure free, unobstructed passage for pedestrians, traffic and visibility of all road signs, street lights and furniture.
10. It goes on to state that tree branches from privately owned trees that obstruct footpaths, carriageway, highway signage, street lighting or CCTV will be inspected. The council may serve 14 days statutory notice on the landowner. After this time, if the work has not been completed, the council will undertake the work and re-charge the landowner at full cost.

What happened

11. In March 2023, the Council removed five trees that were located on Ms X’s land. Ms X contacted the Council to report the trees had been removed without permission. The Council acknowledged that the contractors had used an old map and thought the trees were on Council-owned land. It apologised and advised Ms X that the Council had provided the contractors with updated maps to avoid the mistake happening again.
12. The Council offered to remove the stumps of the felled trees. Ms X refused the Council access on to her property to carry this out.
13. In response to my enquiries, the Council said the five young trees were self-seeded. It said the Council would have removed the trees from Council land as the site was not appropriate for large species trees in proximity to properties.
14. Ms X said the tree removal has left a series of gaps along her boundary. The Council disputed this and stated they were young saplings, and their removal did not cause a significant physical impact.

My findings

15. The Council were at fault for removing trees from Ms X’s property. Regardless as to whether they were saplings or mature trees, they were not the Council’s to remove.
16. The trees’ removal caused Ms X an injustice. I cannot say with any certainty that the removal of the trees left significant gaps as it is not clear from the photographs provided by Ms X what was there before. However, Ms X perceives there to be gaps where the trees stood. For this reason, and for the distress caused, the Council has agreed to a financial remedy that Ms X could use for the replacement of the trees.

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Agreed action

17. Within 4 weeks of my decision, the Council has agreed to:
1. Apologise to Ms X for removing trees from her land and confirm in writing where the boundary between Ms X and the Council-owned land lies.
2. Pay Ms X £200 for the avoidable distress caused by the trees’ removal.
18. The Council should provide us with evidence it has complied with the above actions.

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Final decision

19. I have completed my investigation. I have found fault with the Council for removing trees from Ms X’s land in error.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman