Summary: We will not investigate this complaint about the Council’s maintenance of trees outside Mrs X’s home. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mrs X complained about the Council failing to take sufficient action over her complaint about trees which it owns near her property boundary. She says the trees cause considerable shading and loss of light in the summer months and she is also concerned they may fall or cause damage in stormy weather. She wants the Council to cut them back to reduce the shading.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. 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. (Local Government Act 1974, section 34(3), as amended)
3. 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 could not add to any previous investigation by the organisation.

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

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How I considered this complaint

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

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My assessment

6. Mrs X complained to the Council for the past three years about the shading from the canopy of its trees during the summer months. She said they cast shadow over her garden which makes it difficult to grow plants or enjoy her garden properly. She said she was also concerned that the branches are bowing towards her home and could cause damage if they fell.
7. The Council told her that the trees were inspected and there are no health and safety concerns at present. They do not currently meet the criteria for pruning to reduce shading but will be inspected in future. The Council has a 3 year cyclical inspection procedure, and the trees are subject to this policy.
8. We may not question the merits of decisions which have been properly made. We do not comment on judgements councils make, unless they are affected by fault in the decision-making process.

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Final decision

9. We will not investigate this complaint about the Council’s maintenance of trees outside Mrs X’s home. There is insufficient evidence of fault which would warrant an investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman