Summary: The Ombudsman will not investigate Ms B’s complaint that the Council has failed to take action to address her concerns about a tree close to her property. This is because it is unlikely we would find fault on the Council’s part.

The complaint

1. The complainant, who I will refer to as Ms B, complains that the Council has failed to take action to address her concerns about a tree close to her property.

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 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. 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)

Back to top

How I considered this complaint

4. I have considered what Ms B has said in support of her complaint. I have offered her the opportunity to comment on a draft of this decision.

Back to top

What I found

5. Ms B says a tree close to her property causes nuisance. She says the tree’s branches overhang her boundary and she is concerned about future damage caused by its roots. She says the tree is too big and is potentially dangerous. She wants the Council to remove it.
6. In response to her complaint, the Council says it manages the tree appropriately according to its normal maintenance schedule. It has carried out pruning works in the past and will do so in future. But it does not accept that the tree is dangerous or that further works are required. Ms B does not accept the Council’s response.
7. The Ombudsman will not investigate Ms B’s complaint. Whether the tree requires work is a matter for the professional judgement of the Council’s tree officers. Ms B disagrees with their judgement but this is not a matter where the Ombudsman can express a view. It is therefore unlikely that we would find fault on the Council’s part.
8. Neither can the Ombudsman take a view on whether the Council is liable for damage to Ms B’s property. This is a matter for insurers and, ultimately, for the court. If Ms B believes the Council is responsible for damage to her property and the Council contests liability, it would be reasonable for Ms B to take the matter to court. The Ombudsman will not intervene.

Back to top

Final decision

9. The Ombudsman will not investigate this complaint. This is because it is unlikely we would find fault on the Council’s part.

Back to top

Investigator's decision on behalf of the Ombudsman