Summary: The Ombudsman will not investigate Mr B’s complaint that the Council will not cut back a tree outside his property or repair the damaged pavement. We are unlikely to find fault on the Council’s part.

The complaint

1. The complainant, who I shall call Mr B, says a tree outside his home is lifting the pavement and is a trip hazard. He also says it is overhanging his property obstructing light and conkers fall on his car causing damage.

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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 considered what Mr B has said in support of his complaint and the correspondence he has provided.
5. He commented on the draft version of this decision.

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What I found

6. Mr B complained to the Council that a tree outside his home was damaging the pavement causing a trip hazard. He also said the tree overhangs his property, blocking light and drops conkers which damage his car. He asked the Council to cut back the tree and repair the pavement.
7. In response to Mr B’s concerns the Council inspected the tree and the pavement. It raised a work request for the pavement to be repaired.
8. However, it says the tree meets the Council’s standards and does not require work. Leaf and seed fall are natural events and pruning the tree will not stop this.
9. The Council also advised Mr B that he can cut back branches which overhang his property and encroaching roots, subject to certain restrictions.
10. The Ombudsman does not intend to investigate Mr B’s complaint.
11. The Council’s website states that it will not prune or cut down trees just because they are blocking light or dropping seeds, sap, or leaves. It states if a tree is overhanging private property, the owner can prune the branches back to their boundary. This must be done from within the private property and the cuttings disposed of.
12. The Council confirms it inspected the tree following Mr X’s complaint and is satisfied with its condition. The conclusions it has reached are a matter for the professional judgement of its arboriculture and highways officers. It has confirmed the pavement is now repaired and provided photographs. Mr B disagrees with those conclusions but that does not mean the Council’s decisions are flawed. It is not for the Ombudsman to question the professional judgement of officers.

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Final decision

13. I will not investigate this complaint. We are unlikely to find fault in the Council’s actions.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman