Summary: We will not investigate Mrs B’s complaint that the Council is at fault in refusing to remove or reduce in height trees adjacent to her 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 Mrs B, complains that the Council is at fault in refusing to remove or reduce in height trees adjacent to her 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 Mrs B has said in support of her complaint and the documents she has provided. I have offered Mrs B the opportunity to comment on a draft of this decision.

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What I found

4. Mrs B’s complaint concerns Council-owned trees adjacent to the boundary of her property. Mrs B says the trees are too tall and cause nuisance, distress and damage. She wants the Council to remove the trees or reduce them in height.
5. The Council has decided that work to the trees is not warranted and has declined to take the action Mrs B has requested. She disagrees with its decision and argues that it has taken appropriate action in other cases. She wants the Council to reconsider the matter.
6. We will not investigate Mrs B’s complaint because it is unlikely we would find fault on the Council’s part. The Ombudsman cannot take a view on whether the trees require maintenance. That is a matter for the professional judgement of the Council’s arboriculture officers.
7. I have considered the relevant Council policy document and it appears that the Council has made a defensible decision under the policy. Mrs B disagrees with that decision, but that does not mean it was made with fault. Without evidence of fault, we cannot intervene to criticise the Council’s position or to substitute an alternative view.

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Final decision

8. We 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