Summary: We will not investigate this complaint about the Council’s decision to allow a tree in Mr X’s garden to be felled. This is because there is no evidence fault affected the Council’s decision.

The complaint

1. The complainant, who I refer to as Mr X, says the Council wrongly allowed an application from a third party for the felling of a TPO protected tree in Mr X’s garden. He says pruning the tree would be an effective strategy and that the Council should have given permission for this rather than felling.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. 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. 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))

Back to top

How I considered this complaint

4. I considered information provided by Mr X and the Council, including its responses to the complaint.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mr X’s neighbour sought permission for work to fell a tree protected by a TPO in Mr X’s garden which was causing subsidence damage to the neighbour’s property.
7. The Council granted permission for the tree to be felled because it decided the neighbour had provided evidence beyond reasonable doubt that the tree was a significant factor in subsidence damage.
8. Mr X complained to the Council about its decision, stating that he had evidence severe pruning of the tree would be an effective strategy to address the problem.
9. The Council responded to Mr X’s complaint and set out in some detail its legal position and that of Mr X as the owner of the tree. It explained why it took the decision it did and that while it gave permission for the tree to be felled, this does not give the applicant the right to enter Mr X’s land and remove the tree. It made clear it is up to Mr X what course of action he wants to take.
10. We cannot question decisions taken by councils if they have followed the right steps and considered the relevant evidence and information. I have seen no evidence to suggest there was fault by the Council in its handling of this matter.

Back to top

Final decision

11. We will not investigate Mr X’s complaint because there is no evidence fault affected the Council’s decision.

Back to top

Investigator's decision on behalf of the Ombudsman