Summary: Mrs X complains the Council was at fault in the way it responded to her concerns about overgrown vegetation and overhanging trees near to her property. The Ombudsman has found no evidence of fault in the way the Council considered these matters.

The complaint

1. The complainant whom I shall refer to as Mrs X complains the Council has not cut back trees from the side of the road to her property. This potentially causes damage to cars as the branches are so low cars hit them. Mrs X wants the Council to cut back the trees.
2. Mrs X also complains the Council has failed to cut back vegetation growing at the junction where her road joins a main road. Mrs X says the vegetation causes problems with visibility and she is concerned about highway safety when joining the main road. Mrs X wishes the Council to cut back the vegetation.

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What I have investigated

3. I have investigated Mrs X’s complaints about the Council’s responses to her concerns about overhanging trees on her road and overgrown vegetation at the junction of her road from 2019 onwards. The final section of this statement contains my reason for not investigating Mrs X’s concerns about the Council’s responses before 2019.

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The Ombudsman’s role and powers

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. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
6. 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

7. I have read the papers submitted by Mrs X and discussed the complaint with her. I have considered the Council’s comments about the complaint and the supporting documents it provided. I have explained my draft decision to Mrs X and the Council and considered the comments received.

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What I found

Council policy

8. The Council’s web site says it does not prune or remove a council tree to reduce or stop several issues including the nuisance of minor overhanging branches. Its policy says it will only carry out tree work based on its listed priorities. These are –
• Priority 1- dead, dying or dangerous trees. Trees in this category warrant work to make safe within 3 months.
• Priority 2- tree(s) that are showing signs of decay or stress. These trees will be monitored for further decline but do not warrant work to be undertaken immediately including trees that need to be pruned or felled in relation to insurance claims.
• Reinspection- Tree(s) that are causing an issue to a resident or residents (such as dropping leaves/sap on cars or creating shade). These trees fall outside of Priority categories 1 and 2.

What happened

9. Mrs X lives in one of three houses on a small side road leading from a main road.
10. Mrs X complained in 2017 about overgrown vegetation causing visibility issues on a roundabout near to her property. An officer carried out a site visit and advised the matter would be passed to highways if needed.
11. Mrs X complained in 2017 about a tree with overhanging branches to her property. Mrs X said the tree looked damaged and needed pruning. An officer inspected the tree and considered it fine. But as it was in the dormant season, he would revisit in mid spring to check again. The Council closed the case. Mrs X says the officer did not revisit.
12. Mrs X complained in 2017 about vegetation at the junction to her road and the main road. Mrs X said it was obscuring the view for drivers. The Council closed the case saying it had carried out work.
13. Mrs X complained in June 2019 about vegetation growing on verges of the junction obscuring the view when pulling out to join traffic. The Council arranged for the area to be sprayed in August 2019 and closed the case.
14. Mrs X complained to the Council in June 2019 trees at the side of the road were overgrown with low hanging branches causing a nuisance. Mrs X said the trees merged in the middle forming a tunnel. The Council raised and closed a maintenance request in July 2019 to cut back the vegetation at the road junction.
15. Mrs X complained in September 2019 about the time taken to cut the grass and trim the trees back. Mrs X considered the issues were causing a danger when using the roads. Mrs X said the Council had not cut back the vegetation at the junction of the road. The Council opened a case. It said it cut back the vegetation several months before and would again during the winter period to resolve the obstruction problems. The Council explained resource issues caused a delay to its cut back programme and it was working through a backlog.
16. Mrs X complained again in July 2019 about the trees overgrowing in her road and said the situation was at its worst when the trees were in full leaf. The Council arranged for an inspection in September 2019. The Council’s notes say the case is still open and it was not clear whether a site visit had taken place.
17. Mrs X reports the vegetation on the main road around the junction has now been cut back by a developer who is building a new housing development and road. Mrs X says the issue about vegetation at the road junction has now been resolved.
18. In response to my enquiries about the complaint the Council says officers did inspect the trees in September 2019 but due to limited resources the case was left open. The officers did not consider the work to the trees a high priority according to its policy on works to trees. The notes do not record whether Mrs X was advised of the outcome of the visit.
19. The Council has inspected the trees again and agreed to ‘coppice’ the trees by cutting them back to near ground levels in October 2020. This does not harm the trees and will resolve Mrs X’s concerns for several years. The Council considers this a more cost effect way of managing the trees than carrying out an annual pruning regime.
20. The Council says it cannot say when the vegetation will be inspected again at the junction of Mrs X’s road. This is because it will depend on the new road being built and access to the area. It says it carries out inspections after customer enquiries rather than from a schedule.
21. The Council says Mrs X, as a landowner, is entitled to cut back any overhanging vegetation from her property. Mrs X confirms she has cut back some of the tree branches over the years.

My assessment

22. The documents provided by the Council show it has responded to Mrs X ‘s concerns about the vegetation at the road junction. The Council cut the vegetation back as part of routine maintenance although not as promptly as Mrs X had wanted. Mrs X advised the vegetation has now been cut back due to a new road development and is no longer an issue. Should there by any regrowth causing visibility problems it is open to Mrs X to raise these with the Council again. I do not consider I can achieve anything further for Mrs X.
23. The documents show the Council inspected the trees in 2019 and did not consider work to the trees a high priority. Mrs X disagrees with the Council’s decision about the priority of the work, but the decision is a matter of officers’ professional judgement. The Ombudsman cannot question the merits of the decision itself without evidence of fault in the way it was made. I do not consider there was fault in this case.
24. This is because the officers visited the site to inspect the trees and considered Mrs X’s concerns. The officers decided the work was not a high priority according to its policy on carrying out tree work. This is a decision the officers are entitled to make. There is no evidence of fault in the way the Council reached this decision.
25. The Council’s documents do not record whether it advised Mrs X of the outcome of the inspection in 2019. It is unfortunate if the Council did not advise Mrs X and this will no doubt have added to her frustration over wanting works carried out. However, the Council has now agreed to carry out coppicing to the trees which will resolve the concerns Mrs X has raised. Because of this I do not consider I can achieve anything further for Mrs X as this is the outcome she was seeking.
26. Although the coppicing will not take place until October 2020 and Mrs X will have a summer with the trees in full leaf, the Council has advised she is entitled to remove any overhanging branches affecting her property.

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Final decision

27. I am completing my investigation. I have found no evidence of fault in the way the Council responded to Mrs X’s concerns about overgrown vegetation at the junction of her road to a main road. There is also no fault in the way the Council made its decision not to consider the trees near to Mrs X’s property a high priority for cutting back.

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Parts of the complaint that I did not investigate

28. I have not investigated Mrs X’s complaints about the Council’s response to her concerns before 2019. As paragraph five explains we expect someone to complain to us within 12 months of being aware of something a council has done. Mrs X could have complained to us before now if she was unhappy the Council’s response in 2017. I see no reason to exercise discretion to look at matters in 2017 and as Mrs X has now achieved the outcome she was seeking.

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Investigator's decision on behalf of the Ombudsman