Summary: We will not investigate this complaint about the Council not removing debris from tress near the complainant’s home. It is unlikely we would find fault by the Council has caused the complainant significant injustice.

The complaint

1. The complainant, who I refer to here as Mr B, has complained the Council does not properly clear away debris from street trees near his home. He says as a result the area is unsightly and the pavements are dangerous. He would like the Council to carry out monthly cleaning or remove the trees.

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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’.
3. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe:

• it is unlikely we would find fault;
• any fault has not caused injustice to the person who complained; or
• any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended)

4. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached that is likely to have affected the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

5. I have considered what Mr B said in his complaint. The Council also provided background information including its correspondence with Mr B about his complaint.

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What I found

6. Mr B says the problem with tree debris occurs every year. The public can report hazards to the Council’s Street Cleaning Service and Mr B did this in January 2021. He complained to the Council in February that nothing had been done. The Council arranged cleaning which Mr B considered was inadequate. This was in part because the Council has cleared the paved areas but left tree debris on verges and tarmacked areas at the side of the footway.

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Final decision

7. I have decided we will not investigate this complaint. This is because, while I understand Mr B considers it should do more, it is for the Council to decide how to best use its resources to carry out street cleaning. We are unlikely to find evidence of fault by the Council causing Mr B injustice that would warrant our involvement.

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Investigator's decision on behalf of the Ombudsman