Summary: The Ombudsman will not investigate this compliant about the Council’s decision not to prune or fell some highway trees. This is because there is insufficient evidence of fault by the Council and because one part of the complaint is a matter for insurers.

The complaint

1. The complainant, whom I refer to as Mrs X, complains the Council will not prune or fell some highway trees near her home. She says they drop debris on her drive and she thinks they may be causing structural damage to her home. She wants the Council to prune the trees.

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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 an investigation if we believe:

• it is unlikely we would find fault, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and the Council’s responses. I considered photographs of the trees provided by Mrs X and the Council. I invited Mrs X to comment on a draft of this decision.

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What I found

Tree policy – highway trees

4. The Council does work to highway trees if they are causing an obstruction, stopping maintenance work, obscuring lights, cameras or signs, causing an actionable nuisance, or where they are dead, damaged or diseased. It may also do work where a tree has been proven to cause significant structural damage.

What happened

5. There are highway trees on the grass verge next to Mrs X’s home. The Council inspects them every six months.
6. Mrs X says the trees overhang her boundary and drop leaves, acorns and berries onto her drive. Mrs X says the debris creates a mess, may be taken into the house, and she has to spend time sweeping the drive. Mrs X says she has commissioned a structural report which she thinks will show the trees are damaging her home. Mrs X says the Council has not pruned the trees since she moved in six years ago.
7. In response to Mrs X’s reports, the Council inspected the trees and, apart from cutting back some branches, it said no further work is needed. It confirmed there are no visibility problems at the junction, and no obstruction of the path. The trees are not diseased or dying. It said Mrs X could cut back any overhanging branches to the boundary. It explained that if Mrs X thinks the trees have damaged her home she can make a claim on the Council’s insurance. Mrs X has not submitted a report to the Council stating the trees have damaged her home.
8. In response to a draft of this decision Mrs X said she did not want to pursue the complaint further.

Assessment

9. I will not start an investigation because there is insufficient evidence of fault by the Council. The policy says the Council will do tree work for reasons of obstruction, proven damage, tree health, or visibility issues. It does not do work for reasons linked to leaf or fruit fall. The Council’s decision not to do any work to the trees is consistent with the policy and with the photographs I have seen.
10. If Mrs X has evidence that the trees are damaging her home she can submit that evidence to the Council and make a claim on the Council’s insurance. Mrs X has not submitted a report so the Council has not had a chance to consider if there is evidence of proven damage.

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Final decision

11. I will not start an investigation because there is insufficient evidence of fault by the Council and because the complainant can make a claim on the Council’s insurance.

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Investigator's decision on behalf of the Ombudsman