Summary: We will not investigate this complaint about the maintenance of trees overhanging Mrs X's garden. We will not investigate this complaint because there is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mrs X complained about the Council’s failure to cut back trees which are overhanging her garden boundary and dropping debris into her 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, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

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

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How I considered this complaint

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

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My assessment

5. Mrs X says trees on her back garden boundary which belong to the Council are dropping debris into her garden. She complained to the Council because the debris has caused the pump in her pond to fail more than once. It also causes blockages in her rainwater goods. She wants the Council to prune the trees because she is no longer prepared to pay for contractors as she has in the past.
6. The Council told Mrs X that it does not carry out maintenance work unless there are arboricultural reasons, such as decayed trees or limbs. It says householders are responsible for clearing fruits and debris from trees which lands on their property.
7. Mrs X has a common law right to remove branches from trees overhanging her property and if any damage is caused by falling trees or branches, she would be able to submit a legal claim for this against the Council.
8. The Ombudsman may not question the merits of decisions which have been made in a proper manner. This means we will not intervene in disagreements about the merits of decisions.

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Final decision

9. We will not investigate this complaint about the maintenance of trees overhanging Mrs X's garden. We will not investigate this complaint because there is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman