Summary: The Ombudsman will not investigate Mr X’s complaint that the Council refused to prune trees which overhang his property. This is because there is no evidence of fault in the Council’s decision and it is reasonable to expect Mr X to go to court about any damage.

The complaint

1. Mr X complains the Council refuses to prune trees that overhang his property. He says the trees cause significant leaf-fall, block light and have damaged 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)
4. 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

5. I considered the information provided by Mr X in his complaint and the Council’s responses to him.
6. I sent a copy of my draft decision to Mr X. I considered his comments before making a final decision.

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What I found

Background

7. Outside Mr X’s house there are trees owned by the Council.
8. Mr X says that branches from the trees overhang his property. He says significant numbers of leaves from the trees fall into his garden and the branches block out light. He also says the roots of the trees are causing damage to his garden.
9. Mr X has asked the Council to prune the trees to reduce the overhanging branches and reduce the water uptake of the trees. The Council has refused to prune the trees.
10. The Council inspected the trees and its officer decided that it was unlikely the tree was causing the damage Mr X alleges.
11. The Council’s Tree Strategy states the Council will only prune Council owned trees for specific reasons. The policy specifically states the Council will not prune trees to reduce excessive leave fall, overhanging branches or interference with light.
12. The Council told Mr X that if he believes the trees are causing damage to his property, he should submit a claim to the Council’s insurer.

Analysis

13. The Council’s policy sets out specific reasons it will, and will not, prune trees that it owns. The Council will not prune trees because branches are overhanging, or the trees are ‘too large’.
14. The Council inspected the tree in response to Mr X’s concern, as required by its policy. The tree officer decided the tree was not the likely cause of the damage to Mr X’s garden.
15. I appreciate Mrs X may disagree with the policy and the Council’s decision. However, the Ombudsman does not act as an appeal body and we cannot intervene simply because the Council makes a decision, or has a policy, that someone disagrees with.
16. The law says we cannot normally investigate a complaint when someone could take the matter to court. If Mr X believes the tree is causing damage to his garden and is not happy with the response of the Council’s insurer, he can claim compensation in court.
17. We have discretion to set aside this rule where we decide there are good reasons. I have decided not to exercise discretion in this case because:
• The courts are the most appropriate forum to decide claims for compensation for damage;
• The Council has invited him to submit a claim to its insurer for any damage;
• It is reasonable to expect Mr X to go to court if the Council’s insurers refuse his claim for damages.

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Final decision

18. The Ombudsman will not investigate this complaint. This is because there is no evidence of fault in the Council’s decision and it is reasonable to expect Mr X to go to court about any damage.

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Investigator's decision on behalf of the Ombudsman