Summary: The Ombudsman will not investigate this complaint about the Council’s decision not to do work to a tree near to the complainant’s home. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mrs X, complains about the Council’s response when she raised concerns about a tree. She wants the Council to trim the tree and inspect it from inside her garden.

Back to top

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

Back to top

How I considered this complaint

3. I read the complaint and the Council’s responses. I looked at photographs of the tree, provided by the Council, and information from the Council’s tree officer. I considered comments Mrs X made in reply to a draft of this decision.

Back to top

What I found

What happened

4. Mrs X lives next to a small woodland. There is a tall tree close to her rear fence. The tree overhangs her boundary. Mrs X is worried the tree will fall and damage her home. Mrs X is unable to trim any overhanging branches because the tree is too tall. Mrs X wants the Council to trim the tree. She is unhappy that the Council has not inspected the tree from inside her garden. She questions whether there have been any inspections.
5. In response the Council said officers had inspected the trees many times and the Council will not take any action. It said it was not necessary to assess the tree from inside Mrs X’s garden. It confirmed Mrs X can arrange to cut back the trees to the boundary. The Council also explained that it was surveying all the trees in Milton Keynes and this might lead to a recommendation that some trees, close to property boundaries, be removed.
6. I have considered the tree officer’s report. This states that the tree is part of a woodland and that any work to the tree could be detrimental to the health of the tree and/or the woodland. I have also checked with the Council and a tree officer confirmed that none of the trees are at any increased risk of failure.

Assessment

7. I will not start an investigation because there is insufficient evidence of fault by the Council.
8. I have seen photographs and a report which demonstrate that officers have inspected the trees. I appreciate Mrs X would prefer an inspection from her garden but the photographs show officers were able to inspect the trees without entering Mrs X’s garden. The opinion of tree officers is that any work to the tree could be detrimental to the woodland or the tree. Their opinion is also that none of the trees are at risk of failing. It is not fault for a council to follow the advice of professional tree officers and decide no work is needed. This also means the Council is not required to cut the tree back to the boundary even though Mrs X will incur some expensive if she arranges for this work to be done.
9. Mrs X is concerned the tree will fall and damage her home. However, safety would have been considered by the tree officers and, as I have said, none of the trees have been assessed as being at risk of failing and damaging Mrs X’s home.
10. In addition, the Council is currently surveying all trees which might led to the removal of some trees from the woodland. This, however, will be a decision for the Council, not the Ombudsman.

Back to top

Final decision

11. I will not start an investigation because there is insufficient evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman