Summary: Ms D complains the Council failed to cut back high trees, on its land, which block light into her garden. The Ombudsman has not found any evidence of fault by the Council. He has completed the investigation and not upheld the complaint.

The complaint

1. Ms D complains the Council refuses to cut back high trees on its land which are blocking light into her garden.

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What I have investigated

2. I have looked at whether the Council should have cut back the trees. I have not looked at any problems caused by Council property tenants as this is outside the Ombudsman’s remit.

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The Ombudsman’s role and powers

3. We cannot investigate complaints about the provision or management of housing let on a long lease by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5B, schedule 5, as amended)
4. 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. (Local Government Act 1974, section 34(3), as amended)
5. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

6. I have spoken to Ms D and considered the information she provided. I asked the Council questions and carefully considered its response.
7. I shared the draft decision with both parties.

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What I found

What happened

8. Ms D’s garden is adjacent to a Council owned property. She says the trees on the neighbouring property are very high and block out light into her garden.
9. In August 2019 Ms D contacted the Council asking it to cut back the trees. The Council replied on 30 August that it had inspected the area and it could not cut back trees because they were blocking light. As the trees were not damaged or likely to cause any structural issues to Ms D’s home there was no further action the Council could take.
10. Ms D made a further report on 6 September. The Council replied three days later that it had looked at the site, but the trees did not meet its criteria for work. Tenants were responsible for garden maintenance.
11. Ms D complained on 10 September and the Council replied on 25 September reiterating its policy and decision.

What should have happened

12. When the Council receives a report about overgrown trees on its land an Officer will inspect. They must consider the Council’s policy and whether the trees meet the criteria for work.
13. The Council’s policy says it will not cut back trees that are blocking light. Instead a property owner can trim back the trees to the boundary. The Council will only consider pruning trees if they are unsafe or proven to cause damage to a property. Responsibility for maintaining a garden falls to the Council tenant as part of the tenancy conditions.

Was there fault by the Council

14. I have not found evidence of fault by the Council. Ms D wants the trees cut back, but the Council has inspected and found its criteria to act is not met. It has correctly explained its policy to Ms D and it is not required to prune back the trees on the basis of them blocking light. Whilst I appreciate Ms D does not agree with the Council’s view it is a decision it has the right to make. The Ombudsman will not question the merits of such decisions which are taken without fault.

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Final decision

15. I have completed the investigation and not upheld the complaint.

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Parts of the complaint that I did not investigate

16. We cannot look at whether the Council should take action about the condition of its tenant’s gardens because that falls outside our jurisdiction as set out above.

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Investigator's decision on behalf of the Ombudsman