Summary: The Ombudsman will not investigate this complaint about the Council’s refusal to remove a tree from outside the complainant’s property. This is because it is unlikely he would find fault by the Council.

The complaint

1. The complainant, whom I shall refer to as Mr X, complains the Council has refused his request to remove 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)

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How I considered this complaint

3. I have considered the information provided by Mr X and the Council’s responses. I have also considered Mr X’s comments on a draft of this decision.

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What I found

4. Mr X says the roots of a tree owned by the Council have damaged his property. He reported the issue to the Council and made a claim to his insurers.
5. In response to Mr X’s claim his insurers carried out an inspection. It took the view the damage caused by roots of the tree was substantial, and demolition and rebuilding of the porch was necessary. Mr X’s insurers covered the costs of the rebuilding but stated it did not recommend the Council removes the tree. Mr X believes the tree will continue to cause damage to his property and asked the Council to remove it.
6. In response the Council told Mr X it would not remove the tree. This was because his insurer’s inspection report confirmed it would not recommend asking the Council for removal of the tree in this instance. It also told Mr X when it would next survey the tree.
7. Mr X says the insurer decided not to pursue the Council to remove the tree because it no longer provides insurance cover for his property. He also says it decided it was more cost effective to pay damages to Mr X as opposed to raising a claim with the Council. Mr X remains unhappy and wants the tree removed.

Assessment

8. The Ombudsman will not investigate this complaint about the Council’s decision not to remove a tree from outside Mr X’s property.
9. The Council followed Mr X’s insurers recommendation and confirmed when the tree will be surveyed. I understand Mr X disagrees, but the Council was entitled to decide that it was not necessary to remove the tree. As the Council properly considered Mr X’s concerns before deciding it was not necessary to take any further action, it is unlikely I would find fault.

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Final decision

10. The Ombudsman will not investigate this complaint about the Council’s refusal to remove a tree. This is because it is unlikely he would find fault by the Council.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman