Summary: The Ombudsman will not investigate this complaint about the Council’s decision not to do additional pruning to a tree. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, says the Council will not prune a tree outside his home so he can receive full TV reception. Mr X wants the Council to thoroughly prune the crown of the tree.

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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. (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 response. I read emails Mr X sent to the Council and the opinion of the tree officer. I considered the tree policy and comments Mr X made in reply to a draft of this decision.

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What I found

Tree policy

4. The policy says the Council will not prune or fell a highway tree to prevent TV interference.

What happened

5. There is a highway tree outside Mr X’s home. Mr X says it interferes with TV reception and blights his life for nine months of the year. An engineer told Mr X the aerial cannot be moved. The Council pruned the tree in August but Mr X says only the lower branches were trimmed and it has not improved the TV reception. He says the Council agreed to prune the crown by 20% but it has not done this.
6. In response to his complaint the Council explained that it does not prune trees to prevent problems with TV reception. It said that inappropriate pruning can damage a tree or cause excessive growth. It said a tree officer had recently reviewed the tree and work had been done which was necessary for the health of the tree. The Council said it would not do further pruning.
7. I have seen an email from the tree officer which says that doing more extensive work, as requested by Mr X, would lead to further growth and the tree becoming bigger than it is now.
8. Mr X says that doing more pruning will not harm the environment, affect wildlife, or have any negative impact. Mr X says there is no reason for the Council not to do additional pruning. Mr X suggests the Council is trying to save money by not doing additional work.

Assessment

9. I will not start an investigation because there is insufficient evidence of fault by the Council. The tree has been inspected by a tree officer and the pruning that was carried out has been reviewed by a tree officer and found to be appropriate for the health of the tree. There is no suggestion that the decisions made about the tree have been motivated by cost or saving money. I appreciate Mr X would like the Council to do more vigorous pruning but it is not fault for the Council to follow the advice of a professional tree officer. In addition, the policy says the Council will not do tree work for TV reception problems. As the Council’s decision is consistent with the policy there is no reason to start an investigation.

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Final decision

10. I will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman