Summary: The Ombudsman will not investigate Mr A’s complaint that the Council has refused to accept responsibility for maintaining a tree outside his property. This is because it is unlikely we would find fault on the Council’s part.

The complaint

1. The complainant, who I will refer to as Mr A, complains that the Council has refused to accept responsibility for maintaining a tree outside his property.

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

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How I considered this complaint

3. I have considered what Mr A has said in support of his complaint and the complaint correspondence provided by the Council. I have also considered what Mr A has said in response to my draft decision.

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What I found

4. There is a tree on unregistered land outside Mr A’s property. Mr A complains that the Council is at fault in refusing to accept responsibility for maintaining or removing the tree. The tree is subject to a Tree Preservation Order. Mr A argues that, as the Order prevents anyone else maintaining the tree, the Council should accept responsibility.
5. The Council has said that it does not own the tree and does not regard it as dangerous. That being the case, it is not required to take action and will not do so.
6. The Ombudsman will not investigate Mr A’s complaint because it is unlikely that we would find fault on the Council’s part. The Council is not required to carry out works to a tree on unregistered land, other than in the circumstances it has set out. There is no evidence of fault in the way the Council has responded to the matter and no grounds for the Ombudsman to intervene.
7. Although the tree is protected by a Tree Preservation Order, Mr A may apply for permission to carry out works if he wishes to do so. If the Council refuses permission, he has the right to appeal to the Secretary of State.

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Final decision

8. The Ombudsman should not investigate this complaint. This is because it is unlikely we would find fault on the Council’s part.

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Investigator's decision on behalf of the Ombudsman