Birmingham City Council (21 006 789)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 13 Oct 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision not to prune some trees. This is because there is insufficient evidence of fault by the Council.
The complaint
- The complainant, whom I refer to as Mr X, complains the Council will not prune some trees. Mr X says the trees block his view and insects enter his home even when the windows are shut.
The Ombudsman’s role and powers
- 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by Mr X and the Council. I also considered the Council’s tree policy and our Assessment Code. I invited Mr X to comment on a draft of this decision.
My assessment
- Mr X asked the Council to prune some trees near his home. He explained the trees block his view and insects enter his home.
- A tree officer inspected the trees and decided no work is required. The Council explained to Mr X that it only does tree work in certain situations. For example, if a tree is diseased, damaged or dying or when a tree is causing an obstruction, is dangerous or damaging a property. The Council explained it does not do tree work for reasons linked to TV reception, bird mess or leaf fall.
- I will not investigate this complaint because there is insufficient evidence of fault by the Council. The trees have been inspected by a tree officer who found no evidence that the trees meet any of the conditions for tree work. Mr X has not said the trees are diseased or present a hazard. The Council’s decision is consistent with the policy so there is no reason to start an investigation. We are not an appeal body. We cannot intervene because a council makes a decision that someone disagrees with.
Final decision
- I will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman