Summary: The Ombudsman will not investigate Mr X’s complaint about the Council deciding not to cut back a tree to the rear of his property. Mr X considers the Council owns the tree and it is its responsibility to maintain it. The Council disagrees. The core issue is the ownership of the tree, which the Ombudsman cannot resolve. Ownership questions are matters best dealt with by the courts.

The complaint

1. Mr X complains the Council is unreasonably refusing to maintain a tree on its land, which borders his property.
2. Mr X is concerned the tree may cause damage to his and neighbouring properties in bad weather.

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The Ombudsman’s role and powers

3. 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)
4. 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

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

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What I found

6. Mr X considers the tree is on the Council’s land, on a public right of way (PROW). He believes the Council owns the tree and is responsible for its maintenance. He has asked the Council to cut back the tree. He is concerned it may cause damage to his and his neighbours’ properties should it fail in bad weather.
7. The Council has declined to maintain the tree. It disagrees with Mr X that it owns the tree and so says the tree is not its responsibility. It says the tree forms part of the boundary between private land and the PROW.
8. The Ombudsman cannot decide questions of property or land ownership. So we cannot resolve the stalemate between Mr X and the Council about who owns and bears responsibility for the tree. Property and boundary disputes are properly for a court of law to decide, so it would be reasonable to expect Mr X to take the matter to court.

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Final decision

9. The Ombudsman will not investigate this complaint because it would be reasonable for Mr X to ask the courts to decide the ownership dispute.

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Investigator's decision on behalf of the Ombudsman