Summary: The Ombudsman will not investigate Mr B’s complaint that the Council has declined to prune a tree outside his property. This is because it is unlikely we would find fault on the Council’s part.

The complaint

1. The complainant, who I will refer to as Mr B, complains that the Council has declined to prune a tree outside his property.

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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)
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I have considered what Mr B has said in support of his complaint and the correspondence he has provided.

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What I found

5. Mr B says a tree close to his property is dangerous. He wants the Council to prune the tree and complains that it has declined to do so. Mr B says the tree’s roots have cracked the pavement, which caused his son to fall and suffer injury. He also says branches from the tree have caused damage to the roof of the property.
6. In response to Mr B’s concerns the Council has carried out an inspection. It takes the view that the tree does not require work. It accepts that the pavement requires attention, although it does not accept that it poses an immediate hazard. Mr B does not believe the Council has properly addressed the matter.
7. The Ombudsman will not investigate Mr B’s complaint. The Council has inspected the tree and the conclusions it has reached are a matter for the professional judgement of its arboriculture and highways officers. Mr B disagrees with those conclusions but that does not mean the Council’s decisions are flawed. It is not for the Ombudsman to question the professional judgement of officers.
8. The Ombudsman cannot determine whether the Council is liable for personal injury or damage to property. These matters can be dealt with by way of a claim against the Council. If the Council declines to settle the claim, it is open to Mr B to pursue the matter in court and it would be appropriate for him to do so.

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Final decision

9. The Ombudsman will not investigate this complaint. This is because it is unlikely we would find fault on the Council’s part.

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Investigator's decision on behalf of the Ombudsman