Summary: Mr X complained about the Council’s failure to remove excess growth from trees on its land on his property boundary. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

The complaint

1. The complainant, whom I shall call Mr X, complains about the Council not taking action to reduce the growth and height of trees planted on its land along his rear boundary. He says the trees have a significant effect on the light and drop debris on his land.

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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 or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered all the information which Mr X submitted with his complaint. I have also considered the Council’s response.

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What I found

4. Mr X complained about the Council’s failure to take action over its trees on his rear boundary which he says are growing over his land and restricting daylight. The Council inspected the trees but says that they do not warrant pruning action at this time. It told him that he is entitled under common law to remove any growth overhanging his property.
5. Mr X made a previous complaint about these trees to us in 2014 and we found no fault in the decision on that complaint. If he wishes to reduce the vegetation growing over his land, he has a remedy under common law. We would not question the merits of the Council’s decision to refrain from cutting back the trees.

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Final decision

6. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman