Summary: The Ombudsman will not investigate Mr B’s complaint that the Council is at fault in refusing to carry out work to reduce the height of trees close to his 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 Mr B, complains that the Council is at fault in refusing to carry out work to reduce the height of trees close to his property.

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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)

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How I considered this complaint

3. I have considered what Mr B has said in support of his complaint and in response to my draft decision. I have taken account of the complaint correspondence provided by the Council, and Council’s Tree and Woodland Policy.

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What I found

4. Mr B says trees on Council land close to his property are too tall and block light to his garden. He says the Council has failed to maintain them for many years, and work it carried out in 2019 was insufficient.
5. Mr B has asked the Council to reduce the height of the trees by three meters. It has declined, and it is against this decision that Mr B has complained.
6. It is not for the Ombudsman to take a view on whether the work Mr B has asked for is appropriate. That is a matter for the professional judgement of the Council’s officers. The Council has decided not to carry out the work. Mr B disagrees with this decision, but that does not mean it amounts to fault on the Council’s part.
7. The question for the Ombudsman is whether there is evidence to suggest fault in the way the Council made its decision. I can see no such evidence. The Council has explained why it does not believe the work is warranted, and this decision appears to be in line with the Council’s Tree and Woodland Policy. That being the case, it is unlikely we would find fault on the Council’s part. There are no grounds for the Ombudsman to intervene.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman