Wigan Metropolitan Borough Council (19 019 006)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 24 Apr 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Mrs B’s complaint that the Council has refused to remove a tree close to her property. This is because it is unlikely we would find fault on the Council’s part.
The complaint
- The complainant, who I will refer to as Mrs B, complains that the Council has refused her request to remove a tree close to her property.
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 Mrs B has said in support of her complaint.
What I found
- Mrs B says the roots of a tree owed by the Council have damaged her fence and encroached onto her property. She wants the Council to remove the tree and complains that it has declined to do so.
- In response to Mrs B’s concerns the Council has carried out an inspection. It takes the view that removal of the tree cannot be justified. It accepts that the fence has been damaged and has explained how Mrs B may make a claim to its insurers.
- The Ombudsman will not investigate Mrs B’s complaint. The Council has inspected the tree and the conclusions it has reached are a matter for the professional judgement of its officers. Mrs B disagrees with those conclusions but that does not mean the Council’s decision is flawed. It is not for the Ombudsman to question the professional judgement of officers.
- The Ombudsman cannot determine the extent to which the Council is liable for 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 Mrs B to pursue the matter in court and it would be appropriate for her to do so.
Final decision
- The Ombudsman will not investigate this complaint. This is because it is unlikely we would find fault on the Council’s part.
Investigator's decision on behalf of the Ombudsman