Summary: The Ombudsman will not investigate this complaint that the Council will not take action to help prevent seed pods from trees falling on the complainant’s property. It is unlikely the Ombudsman would find evidence of fault by the Council.

The complaint

1. The complainant, who I refer to here as Mr B, has complained the Council will not deal with seed pods that fall on to his property from ash trees on the highway. He says the seed pods block gutters, become dangerously slippery when wet and take root in his garden. Mr B says the Council should reduce the trees to help prevent the problems the pods cause to him.

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 provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
3. 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 that is likely to have affected the outcome. (Local Government Act 1974, section 34(3), as amended)

Back to top

How I considered this complaint

4. I have considered what Mr B said in his complaint which included the Council’s responses to his concerns. Mr B commented on a draft before I made this decision.

Back to top

What I found

5. The Council has explained to Mr B the trees belong to Northampton County Council which is the highways authority. The Council does carry out some routine maintenance as part of an agreement with the highways authority.
6. The Council has clearly and correctly explained to Mr B that tree owners are not responsible for leaves, seeds or sap that drop from the trees. It considers the trees are healthy and so will not carry out any maintenance work it considers is unnecessary. This is in line with the Council’s policy on tree works.

Back to top

Final decision

7. I have decided we will not investigate this complaint because we are unlikely to find evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman