Summary: The Ombudsman will not investigate this complaint that neither the Council nor a school will prune a tree. This is because there is insufficient evidence of fault by the Council and because the Ombudsman has no power to investigate management decisions made by a school.

The complaint

1. The complainant, whom I refer to as Ms X, complains that neither the Council nor the school will prune a tree at the end of her garden. Ms X says the tree blocks light from her garden and kitchen.

Back to top

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 an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
3. We cannot investigate complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(b), as amended)

Back to top

How I considered this complaint

4. I read the complaint and the Council’s responses. I considered the tree management policy and comments Ms X made in reply to a draft of this decision.

Back to top

What I found

Tree management policy

5. The Council does maintenance work to a tree if it is needed for reasons linked to the health of the tree or for safety reasons. The Council does not do work if a tree causes problems linked to loss of light or leaf fall.

What happened

6. Ms X lives next to a school. There is a tree at the end of her garden in the school grounds. The tree is owned by the Council but the school, under its lease agreement, is responsible for the upkeep. The school uses the Council’s tree management service to manage the trees.
7. Ms X asked the Council and the school to prune the tree. She says it blocks light to her garden, making it hard to dry washing, and to the kitchen. Ms X says she had to pay £300 to cut back overhanging branches to the boundary. Ms X wants the Council or school to cut back the tree.

Assessment

8. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council inspected the trees in the school grounds but only carried out work if work was needed for tree health reasons or for safety issues. The Council does not do work for problems created by shade. There is nothing to suggest the tree is unhealthy or dangerous and the Council told Ms X it will do work if the situation changes. The Council’s decision is consistent with the tree policy so there is no reason to start an investigation.
9. The school has a role to play in deciding whether to prune the tree. The law says the Ombudsman cannot investigate any matter linked to the management of schools. This means I have no power to ask the school to prune the tree. In any case, I could not make such a request because it would be contrary to the tree policy.
10. The Ombudsman does not act an appeal body. He cannot intervene simple because a council makes a decision that someone disagrees with.

Back to top

Final decision

11. I will not start an investigation because there is insufficient evidence of fault by the Council and because I cannot comment on the management of schools.

Back to top

Investigator's decision on behalf of the Ombudsman