Summary: The Ombudsman will not investigate this complaint about Council owned trees blocking light into the complainant’s property. This is because the Ombudsman is unlikely to find fault in the way the Council considered the complaint.

The complaint

1. The complainant, who I refer to as Mr P, is making a complaint about trees owned by the Council which are adjacent to the rear of his property. He says the trees are blocking light into his garden.

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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. 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).

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How I considered this complaint

4. I have reviewed Mr P’s complaint to the Ombudsman and Council. I have also had regard to the Council’s responses and applicable legislation. I also invited Mr P to comment on a draft of my decision.

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What I found

Background

5. The Council have a policy of taking a balanced approach to requests to prune trees next to homes. It says that though it often receives feedback that people do not want to live in an area where all trees have been removed, it is sometimes appropriate for a tree to be pruned to keep it in proportion with its location.

What happened

6. In May 2020, Mr P wrote to the Council to inform that trees on a field adjacent to his property were blocking the sun to his garden. Mr P says the trees have never been pruned or cut by the Council since has been living at the property in 2016.
7. In June 2020, the Council wrote to Mr P, following an inspection, to confirm that the trees appeared healthy and did not currently require any work. Further, it informed that it is its policy not to prune trees for light issues because this can create further problems over time. However, Mr P remained dissatisfied and escalated his complaint because the trees continued to remain an issue.
8. Later in June 2020, the Council issued its final response to Mr P to confirm it would not be conducting any works since the trees form part of the area’s green space land and because there is no legal right to light.

Assessment

9. By law, I 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. In this case, the Council carried out an inspection and determined that no action was required given the trees were healthy and added to the green space land. This decision was made in accordance with the Council’s policy on the subject and for that reason, I am unlikely to find fault.
10. Further, there does not exist a right to light at common law and given the length of time Mr P has lived at the property, he is unlikely to have acquired that right by way of a legal easement. However, that is ultimately a legal question and a civil matter between Mr P and the Council.

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Final decision

11. I will not investigate this complaint because I cannot find fault in the way the Council considered Mr P’s complaint.

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Investigator's decision on behalf of the Ombudsman