London Borough of Bromley (19 008 174)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 11 Oct 2019
The Ombudsman's final decision:
Summary: Mr B complains about the Council’s response to his concerns of future damage to his property caused by tree growth from a Council tree. The Ombudsman will not investigate the complaint because the Council has confirmed it will be removing the tree.
The complaint
- The complainant, who I refer to as Mr B, complains about the Council’s response to his concerns of future damage to his property caused by tree growth from a Council tree. He has been frustrated by the Council’s lack of communication and his inability to move matters forward.
The Ombudsman’s role and powers
- We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
- In considering the complaint I reviewed the information provided by Mr B and the Council. I gave Mr B the opportunity to comment on my draft decision.
What I found
- Having previously suffered damage and nuisance to his property as a result of tree growth from a tree owned by the Council, Mr B sought the Council’s help to eradicate problems from the tree in the future.
- While the Council admitted liability for recent damage caused by the tree and offered to pay for the damage caused, it failed to communicate properly with Mr B about the action it would be taking to prevent further damage.
- It subsequently apologised to Mr B for its poor communication, explaining it had had a shortage of officers and was seeking to recruit new ones as soon as possible. It set out possible options for the tree to Mr B in June 2019 but it did not respond to his reply to the options presented.
- The Council has now confirmed to the Ombudsman that it will be removing the tree completely and replacing it with a smaller species.
Assessment
- The Council has acknowledged it communicated poorly with Mr B about this matter and has apologised for this. It has now agreed to take the action sought by Mr B by removing the tree and replacing it with a smaller species.
- As the Council has confirmed it will be taking this action, and there are no remaining grounds which warrant investigation by the Ombudsman, we will not consider the complaint further.
Final decision
- The Ombudsman will not investigate this complaint. This is because the Council has confirmed it will be removing the tree.
Investigator's decision on behalf of the Ombudsman