Summary: We will not investigate this complaint about the Council’s refusal to remove a tree from land near the complainant’s home. This is because we are unlikely to find fault.

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained the Council has refused to remove a tree from land outside his home. Mr X says the problem has been ongoing for many years and the tree’s roots encroach on his land. Mr X says the tree was never planned or planted and is causing him considerable stress and impacting the enjoyment of his garden.

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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.

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

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council’s policy sets out the circumstances when it will remove a tree. This includes when a tree is dead or dying or if the tree is a danger to public safety.
6. The Council has inspected the tree near Mr X’s home and maintenance works were carried out. However, the Council refused Mr X’s request to remove the tree as it said at the time of its inspection the tree was healthy and showing no signs of disease or decay. The Council has said it will cut the roots that have grown into Mr X’s garden if he exposes them.
7. Mr X is unhappy with the Council’s response. But the Council was entitled to decide it was not necessary to remove the tree and its decision is in line with its policy. Therefore, it is unlikely I could find fault.

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Final decision

8. We will not investigate Mr X’s complaint because we are unlikely to find fault by the Council.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman