Summary: We will not investigate this complaint about the Council failing to complete tree pruning work. This is because the complainant has not suffered a significant injustice.

The complaint

1. Mr X says he reported an overgrown tree to the Council saying it was dangerous and could cause harm to others. He also complained that bird excrement caused damage to his car.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 or may decide not to continue with an investigation if we decide any injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6)).

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How I considered this complaint

3. I considered information provided by Mr X.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says he complained to the Council about a tree that was overgrown and was leaning against a boundary fence. Mr X told the Council his car had been damaged because of bird excrement because they were resting in the trees.
6. Mr X says the Council agreed to carry out work but it still has not been completed. The Council has said it will be completed once its contractors have the necessary permissions.
7. There is no evidence that the tree poses a danger to Mr X or the public. The Council is also unable to take action or stop birds from sitting in trees. Therefore Mr X has not been caused an injustice as a result of the actions of the Council and so we will not investigate this complaint.

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Investigator's decision on behalf of the Ombudsman