Summary: The Ombudsman will not investigate this complaint about a tree which the complainant says puts her son at risk. This because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Ms X, disagrees with the Council’s decision not to prune a tree.

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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 an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
3. 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. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I read the complaint and the Council’s responses. I looked at photographs of the tree and got some additional information from the Council. I invited Ms X to comment on a draft of this decision.

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What I found

Tree policy

5. The Council prunes or removes trees which are failing. It does not prune or remove trees to alleviate problems associated with leaf, fruit or flower fall. Inappropriate pruning can weaken a tree which can cause problems in the future.

What happened

6. Ms X lives in a property with an enclosed garden. There is an alder tree, on the street, next to the garden. Ms X has a son with special needs.
7. Ms X asked the Council to prune the tree because it drops flowers/leaves into the garden. Ms X says this presents a risk to her son because he no awareness of danger and puts things into his mouth. Ms X says the tree stops the garden from being a safe space for her son.
8. The Council told Ms X it would not prune the tree because it is not failing. It said she could cut back the branches to her boundary.
9. The Council explained to me that the tree produces catkins for a few weeks in the spring. It says the tree provides many benefits to the environment and reducing the size would not be possible. It said debris is likely to be blown into the garden from other street trees.

Assessment

10. I will not start an investigation because there is insufficient evidence of fault by the Council. The policy says the Council will not prune or remove a tree unless it is failing. The tree outside Ms X’s home is not failing. In addition, the Council does not remove or prune trees for reasons linked to leaf or fruit fall. The Council’s response to Ms X is consistent with the policy so there is no reason to start an investigation.
11. In addition, the tree is not poisonous and, while it would be preferable for Ms X’s son not to put the leaves or catkins in his mouth, if he does it is, fortunately, unlikely to cause harm.

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Final decision

12. I will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman