Summary: The Ombudsman will not investigate this complaint about the Council’s refusal to remove a tree from outside the complainant’s home. This is because it is unlikely he would find fault by the Council.

The complaint

1. The complainant, whom I shall refer to as Mrs X, has complained that the Council has refused to remove a large tree from outside her property. Mrs X says the tree is inappropriate for the location and blocks light to her home.

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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.

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

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How I considered this complaint

3. I have considered Mrs X’s complaint and the correspondence from the Council. I invited Mrs X to comment on a draft of this decision.

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What I found

4. The Council owns most roadside trees. The trees are managed and maintained through the Council’s Streets Ahead programme. Residents can report issues with roadside trees to the Council via its website.

What happened

5. Mrs X has been in contact with the Council for many years about issues she has had with a tree on the street outside her home. She says the tree is not appropriate for the small side road where it is located and blocks light to her home.
6. Mrs X contacted the Council in 2019 to complain about the tree as she believes it is in a poor condition and says the roots are starting to encroach on her property. Mrs X would like the Council to remove the tree.

Assessment

7. The Ombudsman will not investigate this complaint about the Council’s decision not to remove a tree from outside Mrs X’s home. This is because it is unlikely the Ombudsman would find fault by the Council.
8. After Mrs X contacted the Council it arranged for one of its tree officers to visit and inspect the tree. Following the inspection, the officer said the tree was in a fair overall condition and no works were required. Therefore, the Council refused Mrs X’s request to remove the tree. The Council said it would continue to monitor the tree and carry out works in the future if they are necessary. The Council also said there are no requirements in law to prevent tree roots growing onto a person’s land and if this happens the owner has the right to prune the roots on their property provided the tree is not damaged, subject to a protection order or in a conservation area. It also suggested Mrs X contact her home insurance company if she is concerned about damage to her property.
9. I understand Mrs X disagrees, but the Council was entitled to decide that it was not necessary to remove the tree. As the Council properly considered Mrs X’s concerns before deciding it was not necessary to take any further action, it is unlikely I would find fault.

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Final decision

10. The Ombudsman will not investigate this complaint. This is because it is unlikely he would find fault by the Council.

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Investigator's decision on behalf of the Ombudsman