Liverpool City Council (19 002 203)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 26 Jun 2019
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate this complaint about a tree. This is because the Council has now pruned it.
The complaint
- The complainant, whom I refer to as Ms X, complains about a tree that overhangs her garden. Ms X would like the Council to prune or remove the tree.
The Ombudsman’s role and powers
- 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 the Council has provided a fair response. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I read the complaint and an email from the Council saying the work would be done between April and June. I received confirmation from the Council that the tree has been pruned. I invited Ms X to comment on a draft of this decision.
What I found
What happened
- Ms X says she has been waiting for three years for the Council to cut back a tree. She says the leaves block her gutters and branches fall into her garden. She complained to the Council in February.
- The Council replied in March and explained that all trees are regularly inspected and work done if needed. The Council said it would do work to the tree between April and June. The Council said it planned to lift some of the lower branches and reduce the branches overhanging the boundary.
- The Council did the work in mid-June.
Assessment
- I will not start an investigation because the Council has now pruned the tree. Ms X would have preferred the Council to have removed the tree but councils only remove trees if they are dead or dying or pose a risk which cannot be controlled in any way.
Final decision
Investigator's decision on behalf of the Ombudsman