Summary: We will not investigate this complaint about the Council’s decision not to remove a tree from outside the complainant’s home. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is not enough evidence of fault by the Council.

The complaint

1. Mr X complained about a tree on council land close to his home. Mr X says leaves from the tree block his gutter, potentially leading to damage to his property. Mr X says the tree blocks light to his home and wants it removed. The Council has agreed to prune the tree but says there are no grounds to remove it.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

5. The Council has agreed to prune the tree but will not remove it. This decision is in line with its published policy which sets out the limited circumstances the Council will remove a tree. Because there is no evidence of fault in the Council’s decision we will not investigate.

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Final decision

6. We will not investigate this complaint because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman