Summary: We will not investigate Mrs X’s complaint about the Council’s decision not to carry out work to trees on its land. This is because there is not enough evidence of fault by the Council.

The complaint

1. The complainant, whom I shall call Mrs X, complains two trees on council owned land overhang her property. Mrs X wants the Council to prune the trees, but it has so far refused.

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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 considered Mrs X’s complaint to the Ombudsman and the information she provided. I also gave Mrs X the opportunity to comment on a draft statement before reaching a final decision on her complaint.

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What I found

4. Mrs X complained to the Council about two trees on its land which overhang her property. Mrs X says the trees create an oppressive environment which is affecting her wellbeing. Mrs X says the old East Dorset Council previously cut the trees back.
5. The Council has responded to Mrs X’s complaints. It has explained the policy operated by East Dorset Council made no commitment to cut back trees which were affecting light levels. The Council’s current policy is to not “prune back overhanging branches unless there are sound arboricultural safety reasons to do so. ie the tree is dead or dying”. The Council says his does not apply to the trees in question. The Council says its policy is to not cut back trees if they block light or are perceived to be too large. But if Mrs X wants to arrange for the trees to be cut back then she can do so at her own expense.
6. The role of the Ombudsman is to look for administrative fault. But we cannot question a council’s decision if there is no evidence of fault in how it was reached. The Council has considered Mrs X’s concerns and applied its published policy. This says the Council will not cut back healthy trees and so it has refused Mrs X’s request. I know Mrs X disagrees with the Council’s decision. But without evidence of fault in how the Council has decided not to cut back the overhanging trees, there are no grounds for the Ombudsman to become involved. We will not therefore investigate.

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Final decision

7. We will not investigate Mrs X’s complaint. This is because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman