Summary: Mr X complained about the Council’s failure to replace trees damaged by vehicles on his street. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

The complaint

1. The complainant, whom I shall call Mr X, complains about the Council’s failure to replace trees on his street which were damaged by vehicles driving on the pavement. He wants the Council to replace them and stop any vehicles parking or driving on the pavement.

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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’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered all the information which Mr X submitted with his complaint and he has commented on the draft decision.

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What I found

4. Mr X lives on a street which had mature trees planted in the mid-20th century along the pavement. The trees were removed when they became diseased and replaced by saplings. He says that the saplings have been damaged by vehicles driving and parking on the pavement and the Council has removed them. He complained to the Council asking for it to replace the trees and prevent further damage from vehicles.
5. The Council told him that it would not be replacing the trees because it considered the location to be unsuitable. Mr X made a formal complaint but the Council will not reconsider its decision.
6. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. The Council is the Highway Authority and it must decide what is permitted within the highway.
7. The Council cannot prevent vehicles from driving on the footway, this is the responsibility of the Police.

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Final decision

8. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman