Summary: The Ombudsman will not investigate this complaint about the Council’s decision not to prune a tree or pay compensation to the complainant. This is because there is insufficient evidence of fault by the Council and because the complainant can make a claim on the Council’s insurance.

The complaint

1. The complainant, whom I refer to as Mr X, complains that the Council will not remove or prune a tree. He wants compensation and for the Council to remove the 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, 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

3. I read the complaint and the Council’s responses. I looked at a photograph of the tree and of water damage in Mr X’s home. I invited Mr X to comment on a draft of this decision.

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What I found

Trees

4. The Council’s tree officers decide whether work needs to be done to a tree.

What happened

5. Mr X asked the Council to remove a tree or remove all the branches. He said the leaves block his gutters and the water has seeped into his home causing damage. He explained that the leaves fall on cars damaging the paint and making them dirty. Mr X asked for compensation of £900.
6. The Council inspected the tree and established that it does not present a danger to Mr X’s home. It is not too close to his property and no part of the tree directly impinges on the property. The Council explained that leaf fall is a natural occurrence and residents are expected to clear their gutters as part of normal house maintenance. It said it had pruned the tree in the past and would continue to monitor on the normal schedule. The Council said it would not prune the tree at the moment or pay compensation. It invited Mr X to make a claim on the Council’s insurance if he thought the Council was responsible for the damage to his home.

Assessment

7. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council responded appropriately by inspecting the tree and establishing that it is not dangerous and is not a risk to Mr X’s home. It also explained that leaf fall is a natural occurrence and Mr X is responsible for keeping his gutters clear of leaves and other debris. The tree officer decided that the tree does not yet need further work. It is not fault for the Council to follow the professional judgement of a tree officer.
8. I also will not start an investigation because Mr X can make a claim on the Council’s insurance if he remains of the view that the Council is responsible for the water damage. It is reasonable to expect him to do this because insurers are the appropriate body to determine claims for damage.

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Final decision

9. I will not start an investigation because there is insufficient evidence of fault by the Council and because Mr X can make a claim on the Councils insurance.

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Investigator's decision on behalf of the Ombudsman