Summary: The Ombudsman will not investigate this complaint about the Council’s decision not to replace a tree outside 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 Mr X, complains that the Council will not remove a tree from outside his home and replace it with a sapling. He says bird droppings fall on his car and there are tree roots on the path.

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 considered the Council’s tree policy and comments Mr X made in reply to a draft of this decision.

Back to top

What I found

Tree policy

4. The Council aims to retain trees whenever possible. It only removes a tree if there is no other practical solution. It does not remove a tree or do work to a tree for reasons linked to leaf fall or bird droppings.

What happened

5. There is a large tree outside Mr X’s home. He says that virtually all the other trees in his road have been removed and replaced with saplings. Mr X asked the Council to replace the tree outside his house because there are tree roots on the path and because bird droppings fall on his car. He says the tree is ugly and the saplings are more visually attractive.
6. In response the Council explained it does not do tree work for reasons linked to bird droppings. It said a tree officer had inspected the tree in April and it was in a fair condition and did not need any work. It said it would inspect the tree again in accordance with the maintenance schedule and do any work which was required. It explained that a defect had been identified in the path and this would be repaired in June.
7. Mr X is dissatisfied with the reply and says the Council has not explained why it will not remove the tree. He says the Council told him he would have to pay for pruning that might be needed in the future.

Assessment

8. I will not start an investigation because there is insufficient evidence of fault by the Council. The policy says the Council does not remove a tree for reasons linked to bird droppings. The Council’s decision is consistent with the policy so there is no reason to start an investigation. In addition, the Council has recently inspected the tree and found that it is in a fair condition. Mr X says the tree is large and he does not understand why the Council has not replaced it. However, tree officers have decided the tree does not need to be pruned or replaced – it is not fault for a council to follow the professional advice of tree officers.
9. Mr X says the Council told him he will have to pay for any pruning that may be needed in the future. I asked the Council about this. The Council told me that Mr X will not have to pay for any pruning which is found to be necessary in the future.
10. The Council was due to repair the pavement in June and it has clearly explained why it will not remove the tree. Mr X says the Council has not explained its reasons for not removing the tree but it is difficult to see what more it could say.

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