Derby City Council (19 011 581)
The Ombudsman's final decision:
Summary: The Ombudsman cannot investigate this complaint about trees from within school grounds which overhang the complainant’s garden. This is because he has no power to investigate anything linked to the internal management of schools.
The complaint
- The complainant, whom I refer to as Mr X, complains that the Council will not cut back trees, from a school, that overhang his garden.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate complaints about what happens in schools or the management of a school. (Local Government Act 1974, Schedule 5, paragraph 5(b), as amended)
How I considered this complaint
- I read the complaint and a letter the Council sent to Mr X explaining the trees are the responsibility of the school. I invited Mr X to comment on a draft of this decision.
What I found
What happened
- Mr X lives next to a school. There are trees in the school grounds which overhang his garden. Mr X says the overhanging branches damage his lawn and plants.
- The Council told Mr X the trees belong to the school and he will need to direct his concerns about the trees to the school. The Council explained he can cut the trees back to the boundary.
Assessment
- I cannot start an investigation because I have no power to investigate anything which is linked to the internal management of a school. The management of the trees is the responsibility of the school so I have no power to start an investigation. Mr X can raise his concerns with the school.
Final decision
- I cannot start an investigation because I cannot investigate anything linked to the internal management of schools.
Investigator's decision on behalf of the Ombudsman