Summary: We will not investigate Mr B’s complaint that the Council has failed to prune a tree which overhangs his garage. This is because it is unlikely an investigation would find the Council was at fault.

The complaint

1. The complainant, who I will refer to as Mr B, complains that the Council has failed to prune a tree which overhangs his garage. Mr B says the Council has wrongly said it pruned the tree in October 2019. Mr B says this is not correct. Mr B would like the Council to arrange for an independent person to establish if the tree was pruned by the Council in October 2019. Mr B would also like the Council to prune the tree.

Back to top

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)

Back to top

How I considered this complaint

3. I have considered Mr B’s complaint and the supporting information he sent. This includes photographs and the Council’s responses to his complaint. I have also shared a draft version of this statement with Mr B, and have considered his response.

Back to top

What I found

Background – Waltham Forest Tree Strategy

4. The Council has a Tree Strategy which sets out how the Council manages and maintains its trees. It includes the following section (6.3) on tree felling and pruning:

The council will only fell trees for sound arboriculture such as:

• Dead, dying or dangerous
• Proven to be causing significant structural damage
• Considered by the Tree Service to be inappropriate species for the location
• Trees that are implicated in structural damage where no remedial action suffices.

The following reasons will not constitute grounds for the pruning or removal of trees by the council:

• Interference with satellite dish TV reception
• Excessive leaf fall
• Where tree is perceived to be too large
• Obstruction of view
• Mess caused by insects or birds
• Problems associated with fruit
• Problems associated with pollen
• Healthy mature trees will not be removed to create space to plant new trees.
• Someone is willing to pay for the removal and replacement of a tree
• The perceived risk that it will cause subsidence in the future
• Causing disruption to pavements, kerbs, garden paths and walls. In these cases engineering solutions will be sought
• where there is a dropped curve

Judicious light pruning may be undertaken by the Council on the following grounds:

• To facilitate CCTV cameras
• Where trees cause an actual nuisance by touching on properties

What happened

5. Mr B lives next to a park which is owned and managed by the Council. On the edge of the park is a tree which overhangs Mr B’s garage. Mr B says since 2013 he has been asking the Council to prune the tree but the Council has not done this.
6. In late 2020 Mr B contacted the Council again about the matter. The Council told Mr B that it pruned the tree by 30% in October 2019. Mr B complained to the Council. Mr B said the Council pruned a nearby tree in October 2019 but not the tree which overhangs his garage. Mr B asked the Council to do the pruning work which should have been done in October 2019. Mr B also asked the Council to arrange for an independent tree surveyor to inspect the tree to establish if the pruning work was done in October 2019 as claimed by the Council.
7. In response, the Council said:
• Council records show that pruning work to the tree was done in 2013, 2015 and October 2019.
• This schedule is in line with the Council’s four to five year maintenance cycle for parks and open spaces.
• In response to Mr B’s complaint, a Council tree surveyor visited the site on 2 December 2020 and confirmed that the pruning work to the tree was completed as scheduled in 2019. (the Council provided an email from the tree surveyor who said the parts of the tree the Council cut back can be seen).
• The Council undertakes pruning on the grounds of health and safety, or when trees are dead, diseased or dangerous.
• The tree is in good health and does not require pruning. The Council plans to review the tree in 2024 when the next pruning cycle is due.
8. The Council also provided Mr B with a photograph of the tree which it says was taken during the inspection of 2 December 2020. The Council did not uphold Mr B’s complaint.
9. Mr B complained to us. Mr B has provided photographs of the tree which overhangs his garage and a nearby tree which was pruned by the Council in October 2019. Mr B says the photographs clearly show that only one of the trees was pruned by the Council in 2019. Mr B says the parts of the tree which the Council says show that it pruned the tree, are actually where he has cut the tree back himself and also cuts made many years ago. Mr B has provided photographs taken in January 2012 in support. Mr B says the Council was aware of the cuts he made in April 2019 as shown by an email he has provided from the Council tree surveyor.
10. Mr B considers the Council has lied about the claimed October 2019 pruning work and has falsified its records. Mr B says he has suffered a significant injustice as a result and this warrants investigation.

Assessment

11. Much of the correspondence between Mr B and the Council has focused on whether the Council pruned the tree in October 2019 as claimed by the Council. I have been provided with conflicting information about this.
12. Mr B has provided a lot of information including photographs to support his complaint that the Council did not do this work. But, to make sound findings on this point, we would need to start an investigation. It is likely we would need to visit the site and give the Council the opportunity to identify where it says it cut the tree back in 2019. This would need to be compared with the photographs Mr B has provided. It is also possible that an independent tree expert would be needed.
13. My view is we should not investigate Mr B’s complaint.
14. This is because regardless of whether the Council pruned the tree in October 2019, we would only find the Council to be at fault if it has failed to maintain the tree in line with its policies and procedures.
15. The Council has explained that it undertakes pruning on the grounds of health and safety, or when trees are dead, diseased or dangerous. A Council tree surveyor has visited the site recently and has assessed the tree as being in good health and not in need of pruning. I have considered Mr B’s photographs of the tree and have read the Council’s Tree Strategy. From the information available, it is unlikely an investigation would find this assessment was affected by fault. This means it is also unlikely we would find the Council to be at fault for failing to maintain the tree.
16. I recognise that Mr B strongly believes the Council has lied about pruning the tree in October 2019. But, the Ombudsman has limited resources, and an investigation solely into whether the Council pruned the tree is not justified.

Back to top

Final decision

17. We will not investigate this complaint. This is because it is unlikely an investigation would find the Council was at fault.

Back to top

Investigator's decision on behalf of the Ombudsman