Summary: Mrs X complained about the Council’s decision to replace a tree in the street outside her home. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault by the Council which would warrant an investigation.

The complaint

1. The complainant, whom I shall call Mrs X, complains that the Council replaced a tree in the street outside her home when she spent a considerable time having the previous tree removed so that she could have a dropped kerb. She wants the Council to remove the replacement 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 or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• 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.

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

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How I considered this complaint

3. I have considered all the information which Mrs X submitted with her complaint. I have also considered the Council’s response and Mrs X has been given the opportunity to comment on the draft decision.

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What I found

4. Mrs X says she spent several months asking the Council to remove a mature tree in her street so that she could have a dropped kerb for her driveway. She says the Council originally refused to remove the tree and then changed its mind. The Council later planted a new tree a short distance away from the previous one. Mrs X says the previous tree caused sap and leaf fall on her car and property and did not want a replacement.
5. Mrs X complained to the Council. It told her that its policy is to replace any trees which are removed with one as close as possible to the original site. This is to maintain the symmetry of a tree-lined avenue. The Council says it replaced the tree with a variety which produces minimal sap fall but that it needs to maintain tree cover in the city to counteract air pollution from vehicles.
6. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached.
7. The Council is the highway authority and it has powers to decide what should be placed on or removed from the public highway. Whilst Mrs X may object to the replacement of the tree the Council ultimately can decide how the street scene is designed.

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Final decision

8. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault by the Council which would warrant an investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman