Summary: We will not investigate this complaint about the Council’s decision not to carry out work to trees which overhang the complainant’s property. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is insufficient evidence of fault by the Council.

The complaint

1. The complainant, who I refer to as Ms X, says the Council has refused to carry out work to cut back trees in woodland behind her property, some of which overhang her garden and cause a nuisance.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by Ms X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X complained to the Council about trees from woodland behind her property overhanging her garden and causing a nuisance. The Council visited her property but it assessed the overhang to be minimal and, in line with its policy, as there was no statutory requirement for it to do work on them, it told her it would not do so at this time.
6. While I understand Ms X is disappointed with the Council’s decision, it considered the matter and there is insufficient evidence of fault to warrant an investigation.
7. Ms X has also said that tree roots are damaging her property. However, as she is a housing association tenant, this is a matter she should report to her landlord, the housing association.

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Final decision

8. We will not investigate Ms X’s complaint because there is insufficient evidence of fault by the Council.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman