Summary: The Ombudsman will not investigate Mrs X’s complaint about the Council removing a tree from the rear of her property. Mrs X considers the tree was hers, but the Council says there is no evidence for this. The core issue is the ownership of the tree, and the land on which it stood, which the Ombudsman cannot resolve. Ownership questions are matters for the courts. The complaint is also late, and there are no good grounds for the Ombudsman to investigate now.

The complaint

1. Mrs X’s complaint relates to trees behind her house. Her back garden boundary neighbours a footpath, a public right of way (PROW) managed by the Council.
2. Mrs X complains the Council:
1. without consulting her or with her consent, removed a tree which she says was on hers and was on her land;
2. delayed investigating the matter;
3. produced an inaccurate and incomplete report, which did not understand the full situation.
3. Mrs X says the situation, and the loss of the tree, has caused her great upset and stress. The tree’s removal has changed her view and her privacy. She says she has not used her garden, and it has become overgrown, because the Council’s work to remove the tree made another tree unsafe.
4. Mrs X wants:
• the value of the wood of the removed tree;
• compensation from the Council to fund restoration of her overgrown garden;
• compensation for disruption and loss of privacy to her garden.

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The Ombudsman’s role and powers

5. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
6. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
7. 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 could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• there is another body better placed to consider this complaint.

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

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How I considered this complaint

8. As part of my assessment I have:
• considered the complaint and the documents provided by Mrs X;
• issued a draft decision, inviting Mrs X to reply.

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What I found

9. The core issue in Mrs X’s complaint is that the tree the Council removed was hers, and was on her property. The Council says it has not seen any conclusive evidence of who owns the tree and the land on which it stood. The Council says it needed to take action to remove the tree, because it was blocking a public footpath for which it is responsible.
10. The Ombudsman cannot decide questions of property or land ownership. They are best considered by the courts. Mrs X may consider putting the issue of tree and land ownership to a court. Given that it is the courts which can resolve that question, I consider that to be a reasonable route for Mrs X to take.
11. Mrs X says when the Council removed the tree, it damaged another tree in her garden, which she says is unsafe. That is a claim of property damage. If she has not already done so, Mrs X may consider submitting a claim on the Council’s insurance on this matter. Allegations of property damage are also legal matters for courts to determine, not the Ombudsman. So if Mrs X’s damage claim is unresolved, she may consider taking this issue to court.
12. Before Mrs X takes these matters to court, she may wish to get independent legal advice.
13. The Ombudsman expects people to bring their complaint to him within 12 months of their becoming aware of the matters complained of. From Mrs X’s complaint statement, I understand the removed tree matter has been ongoing since 2016 or 2017. Even if the Council took over a year to complete its report, I consider it likely the complaint is late. There are no good reasons why the Ombudsman should investigate this late complaint now. In reaching this view, I take into account that the key issues of ownership of the tree and the land are not matters the Ombudsman can resolve.

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Final decision

14. The Ombudsman will not investigate this complaint. This is because:
• the core issue is the ownership of the fallen tree, which the Ombudsman cannot determine and is a matter best dealt with by the courts;
• Mrs X has known about the matters giving rise to her complaint for several years. The complaint is late, and there are no good grounds for the Ombudsman to investigate them now.

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Investigator's decision on behalf of the Ombudsman