Bournemouth, Christchurch and Poole Council (19 015 101)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 11 Feb 2020
The Ombudsman's final decision:
Summary: Mr B complains on behalf of himself and his neighbours that the Council has failed to cut back a tree that overhangs their communal garden. The Ombudsman will not investigate this complaint because it is unlikely we would find fault by the council.
The complaint
- Mr B complains on behalf of himself and his neighbours that the council has failed to cut back a tree that overhangs their communal garden. Mr B says that the debris from this tree makes the footpath slippery and therefore dangerous to the residents.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I have considered what Mr B says in the complaint and the documents and photograph provided.
- I have written to Mr B with my draft decision and given him an opportunity to comment.
What I found
- Mr B says that the tree which overhangs his garden poses a health and safety risk to himself and his neighbours.
- The Council has no legal liability to clear leaves etc falling from a tree; that responsibility lies with the owner of the land on which they fall.
- The Council says that their policy only allows them to carry out work on trees that are dead, dying, or dangerous.
- The Council’s officer assessed the tree and determined that it is neither dead, dying, nor dangerous and therefore the Council will not cut back the tree.
- The Council has informed Mr B that subject to getting the relevant consent for trees under Tree Preservation Orders, he and his neighbours may cut back the tree to the property boundary themselves.
- The council has made a decision without fault and in line with its policy.
Final decision
- The Ombudsman should not investigate this complaint because it is unlikely we would fault by the council.
Investigator's decision on behalf of the Ombudsman