Summary: Mrs Y complains that the Council has not maintained a tree next to her property. The Ombudsman cannot investigate this complaint because there is no evidence of fault by the Council.

The complaint

1. Mrs Y complains that the Council has not maintained a tree next to her property. The tree is tall and Mrs Y is concerned that it may in future pose a danger.

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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 considered the complaint and the documents provided by the Council. I have written to Mrs Y with my draft decision and given her an opportunity to comment.

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What I found

4. There is a tall tree on land next to Mrs Y’s home.
5. Mrs Y has asked the Council to maintain or remove the tree. The Council has refused because it says the tree is not on land owned by the Council.
6. The Council has provided plans which show that the tree is not on Council owned land. Whilst the Council accepts they have carried out some basic maintenance to the land next to the tree, the Council says they have done so without any legal responsibility to do such work.
7. I am satisfied that there is no fault in the way the Council concluded that it was not their responsibility to maintain the tree. In the absence of fault, the Ombudsman cannot investigate a complaint about their failure to do so.

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Investigator's decision on behalf of the Ombudsman