Buckinghamshire Council (21 002 403)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 05 Jul 2021
The Ombudsman's final decision:
Summary: Mr X complained about the Council’s refusal to carry out maintenance of a tree on his property boundary. We will not investigate this complaint because there is insufficient evidence of fault, and it is reasonable for him to take legal action if he believes damage is being caused to his property by a Council-owned tree.
The complaint
- Mr X complained about a tree which is on his property boundary and which he says the Council has maintained o previous occasions. He says the tree requires pruning but the Council has now told him it lies within his boundary and is his responsibility.
The Ombudsman’s role and powers
- 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, or
- it is unlikely we could add to any previous investigation by the Council, or
- it is unlikely further investigation will lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I have considered all the information which Mr X submitted with his complaint.
What I found
- Mr X says a boundary tree near his home requires pruning and he is concerned about damage if any debris falls on his property. In the past the Council has carried out pruning work, but it now says it has confirmation that the tree lies within his boundary and no more work will be undertaken.
- The Ombudsman cannot determine property boundaries and the Council says it has sufficient evidence that the tree is within the original boundary following clearance of undergrowth.
- If Mr X beloves the tree is affecting his property he would need to seek legal advice to determine where the boundary lies.
Final decision
- We will not investigate this complaint because there is insufficient evidence of fault, and it is reasonable for him to take legal action if he believes damage is being caused to his property by a Council-owned tree.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman