Complaints about trees

This fact sheet is aimed primarily at people who have concerns that a council has failed to deal properly with a protected tree and may be considering making a complaint to the Ombudsman.

The counciI did not deal properly with a protected tree near my home. Can the Ombudsman help me?

• Yes, in some circumstances. Councils have powers to make tree preservation orders (TPOs) for trees that make a significant contribution to the amenity of an area. TPOs may cover one tree, groups of trees or woodland and generally prohibit cutting down, uprooting, topping, lopping, root cutting and wilful damage or destruction of a protected tree without a council's approval. Anyone can ask for a TPO to be made.
• Councils must tell the landowner and any occupiers, and the owners and occupiers of any adjoining land, that a TPO has been made. They may carry out wider publicity and must consider representations. They must then decide whether it is expedient to confirm the TPO, in the interests of amenity and having regard to any risk to the tree(s).
• Councils must notify all those affected of a decision to confirm a TPO as soon as possible. There is no right of appeal against the making of a TPO. A High Court challenge may be made on a point of law.
• Councils have a duty to enforce TPOs and safeguard protected trees. They must be notified of proposed works to protected trees and to all trees in conservation areas. Consent is not required to cut down or prune a tree that is dying, dead or dangerous, or where the Forestry Commission has granted a felling licence. If a protected tree is removed, councils may want a replacement planted.
• A person who carries out works to a protected tree without permission may be liable to prosecution. Works to a protected tree or its removal are permitted if required to implement a full planning permission, but a TPO may also affect what permission is granted. Councils may attach conditions to a planning permission to protect trees during construction and to safeguard trees as part of a landscaping scheme, even if they are not covered by a TPO.
• If you believe the council has been at fault in the way it has dealt with matters relating to trees and can show you have been directly and personally affected, you can complain to us and we may investigate.
• We will not uphold your complaint if the council followed the proper procedures, law and guidance; if it correctly considered an application from the tree’s owner to cut it down or carry out works, or if the council properly investigated whether unauthorised work was planned or taking place. We cannot question the merits of decisions that have been properly made.
• If you applied for consent for works to a protected tree and you disagree with the council’s decision, or the council has taken enforcement action against you for unauthorised works, we will not normally look into your complaint. This is because you have the right to appeal to the Secretary of State. Appeals are decided by the Planning Inspectorate. 

 How do I complain? 

• If you want to object to a proposed TPO or an application for a tree preservation consent, you need to write to the council as soon as possible saying why you think the TPO or application should not be approved. 
• You should normally complain to the council first. Councils often have more than one stage in their complaints procedure and you will usually have to complete all stages before we will look at your complaint.
• Then, if you are unhappy with the outcome, or the council is taking too long to look into the matter – we think 12 weeks is reasonable – you can complain to us. 
• You should normally make your complaint to us within 12 months of realising that the council has done something wrong.
• To complain to the Ombudsman phone our Advice Team on 0300 061 0614 (8.30am to 5.00pm, Mondays to Fridays). You will be able to discuss your complaint with one of our advisers. You can text us on 0762 480 3014.
• You can complete an online complaint form. 

If you can consider my complaint what will the Ombudsman look for? 

• We look at whether you have been directly affected by a loss of amenity, by a loss of your outlook or privacy, or by not having had an opportunity to object to the making of a TPO or an application for tree preservation consent for works to a protected tree. We then consider what impact this has had on you.
• We check whether the council has met its legal duties and followed its procedures. We may consider the evidence of technical assessments and what advice has been given. We may also look at reports and case files to see how the council made and recorded its decision. 
• Some faults we might find are that the council:
  • did not inform a landowner that a TPO had been made for trees on their land 
  • failed to act promptly when unauthorised works to a tree took place
  • failed to prevent or follow up damage to protected trees during construction works
  • gave misleading advice on whether a tree was protected or what work could be done. (But we will not normally look into such a complaint made by an applicant who has or had appeal rights) 
  • did not consult with other bodies such as the Forestry Commission where required, or
  • failed to keep a TPO up-to-date.

What happens if the Ombudsman finds that the council was at fault? 

• It depends on the fault and what the consequences are for you. We may ask the council to make a payment for a lost opportunity to influence its decision making, or to pay for new planting or screening (photographs and any other records of the amenity value and condition of the tree(s) will be especially helpful). We may also ask for compensation for your time, trouble or expense in pursuing a complaint.  
• We may ask the council to make changes it its procedures so that the same problem does not happen again.

Examples of some complaints we have considered

Other sources of information

• For advice on planning go to www.planningportal.gov.uk or www.communities.gov.uk
• Government guidance on tree preservation can be found in "Tree Preservation Orders: A Guide to the Law and Good Practice See: www.communities.gov.uk/publications/planningandbuilding/tposguide
• The Forestry Commission website: www.forestry.gov.uk/england, in particular their guidance "Tree felling - getting permission" (see useful links box on right for link)

Our fact sheets give some general information about the most common type of complaints we receive but they cannot cover every situation. If you are not sure whether we can look into your complaint, please phone 0300 061 0614.

Date Updated: 20/03/12