Summary: The Ombudsman will not investigate Ms B’s complaint that the Council is at fault in failing to carry out work to a highway tree. 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 is at fault in failing to carry out work to a highway 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 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 Ms B has said in support of her complaint and in response to my draft decision. I have also considered the complaint correspondence provided by the Council, the Council’s Tree Conservation and Maintenance Policy, and its Highway Network Management Plan.

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What I found

4. Ms B says a highway tree close to her property requires pruning. She says the tree is dangerous and branches have fallen onto her property. The Council has declined to prune it and it is against this decision that Ms B complains. I support of her complaint, she contends that another highway tree, which was causing similar issues, has been pruned. She wants to know why the Council decided to prune one tree and not the other.
5. It is not for the Ombudsman to take a view on whether the work Ms 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. Ms B disagrees with this decision, but that does not mean it amounts to fault on the Council’s part.
6. 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 relevant policies. 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, or to consider matters around the decision to prune another tree.

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Final decision

7. 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