Summary: We will not investigate this complaint about how the Council maintained a tree close to his property. This is because it is unlikely we would find fault.

The complaint

1. The complainant, who I will refer to as Mr C, complains about how the Council maintained a tree close to his property. Mr C says debris has fallen from the tree, onto his property and has caused damage to his car.

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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 it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
3. The law also says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I have considered Mr C’s complaint and the Council’s response. I have invited Mr C to comment on a draft version of this decision.

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What I found

5. Mr C complained about a tree on Council land, close to his property. Mr C says the tree overhangs onto his drive and debris has fallen from the tree into his property and has caused damage to his car.
6. The Council arranged for the tree to be maintained and branches were cut back. Mr C remained dissatisfied with the work and wanted the Council to cut the tree back to the boundary of his property or remove it.
7. A Senior Arboricultural Officer inspected the tree but concluded that the maintenance carried out was satisfactory and the tree did not pose a risk.

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Assessment

8. I will not start an investigation into Mr C’s complaint.
9. It is unlikely that we would find fault in how the Council dealt with Mr C’s request to cut back the tree. The Council arranged for the tree to be inspected and then arranged for it to be cut back. A Senior Officer then carried out an inspection of the tree and concluded that the works were appropriate. Mr C may disagree, but that does not mean the Council has done anything wrong.
10. I will also not start an investigation because the matter of liability to damage to Mr C’s vehicle is a matter for insurers and the courts.

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Final decision

11. We will not investigate this complaint. This is because it is unlikely we would find fault.

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Investigator's decision on behalf of the Ombudsman