Summary: We will not investigate this complaint about the Council’s response to Mr B’s concerns about a highway tree. This is because there is no evidence of fault on the Council’s part, and we cannot achieve the outcome Mr B wants.

The complaint

1. The complainant, who I will refer to as Mr B, complains that the Council has failed to take action in response to his concerns about a highway tree close to his home.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr B says a highway tree close to his home is overgrown and overhangs his property. He says debris from the tree has caused nuisance and damage, and he is concerned about the safety of the tree. He wants the Council to carry out significant pruning and complains that it has declined to do so.
6. We will not investigate Mr B’s complaint. The Council has responded to Mr B explaining the grounds on which trees are pruned and why it will not do so it this case. This is a matter for the professional judgement of the Council’s tree officers.
7. There is no evidence of fault in the Council’s response. Without evidence of fault the Ombudsman cannot criticise the Council’s decision, or intervene to substitute an alternative view. We cannot therefore achieve what Mr B wants.

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Final decision

8. We will not investigate Mr B’s complaint because there is no evidence of fault on the Council’s part, and we cannot achieve what Mr B wants.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman