Summary: Mr X complained the Council would not cut back trees and shrubbery growing on Council owned land at the back of his garden. The Council was not at fault.

The complaint

1. Mr X complained the Council would not cut back trees and shrubbery growing on Council owned land at the back of his garden. He said the overgrowth was unsightly, and the blackthorn bushes posed a risk to him and his dog. He said the Council should not expect him to pay for the maintenance of plants that grow on its land.

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The Ombudsman’s role and powers

2. 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)
3. 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

4. I considered Mrs X’s complaint and the Council’s response.
5. The Council and Mr X both had the opportunity to comment on my draft decision. I considered their comments before I made my final decision.

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What I found

6. Mr and Mrs X’s garden backs onto a piece of land owned by the Council. Trees and other vegetation grow on that land. In 2017, the Council cut back the overgrowing vegetation after Mr and Mrs X contacted a county councillor.
7. Mrs X further complained to the Council in September 2019 that the trees and shrubs were overgrown. She said the councillor she spoke to in 2017 told her the Council would complete annual maintenance of the shrubbery. She said that had not happened and she had to pay her gardener to prune back the growth.
8. The Council responded and said the growth of the trees and vegetation at the back of the property did not reach the criteria for the Council’s maintenance programme. It said she could prune back any branches that overhung the garden but that was at her own cost.
9. Mrs X was unhappy with the Council’s response and asked it to consider it at stage two of its complaint’s procedure. The Council did not uphold Mrs X’s complaint.

The Council’s response to enquiries

10. The Council said it visited Mr and Mrs X’s property in 2017 and found the vegetation on the Council’s land was herbaceous vegetation typical of a woodland clearing. It said it did clear back vegetation in 2017 but was not under an ongoing duty to maintain it.
11. The Council’s response is consistent with its policy that states it will “not normally prune trees that overhang neighbouring properties unless the tree is dangerous or there is a need to avoid damage to the property”.
12. The Council states that if Mr and Mrs X have any concerns about the safety of the trees it will investigate and take action if necessary.

My findings

13. 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.
14. In the Council’s response to Mr and Mrs X’s complaint it said the overgrowth did not meet the criteria for maintenance. That is in line with its policy. There was no fault in how the Council made its decision not to cut back the overgrowth at the back of Mr and Mrs X’s property.

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Final decision

15. The Council was not at fault in its decision not to cut back the overgrowth to the rear of Mr and Mrs X’s garden therefore I have completed my investigation.

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Investigator's decision on behalf of the Ombudsman