Summary: We will not investigate this complaint about the Council’s management of its trees in Ms X’s road. This is because we are unlikely to find evidence of fault by the Council.

The complaint

1. The complainant, who I refer to as Ms X, complains about the management of Council trees which run along her road. She says they have not been properly maintained, are too near the houses and have caused drainage problems.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘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 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

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

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My assessment

6. Ms X complained to the Council about its management of its trees which she said were causing problems to residents in her road. The Council told Ms X that the trees were in good condition, had been inspected recently and that it had no plans to remove the trees. It confirmed it would reinspect the trees in a year’s time.
7. In response to Ms X’s concerns about drainage in the road, the Council confirmed its contractors had carried out work which it expected to reduce flooding during heavy downpours and that it had reported the presence of roots it had found in pipes to Thames Water so that body could take appropriate action.
8. In response to Ms X’s concerns about parking in her road, the Council explained if people had parked illegally she could contact the Council to see if Civil Enforcement Officers could attend and that if she and other residents wanted parking restrictions and permits introduced, they could follow the petition process and submit a petition requesting consideration of this.
9. We do not investigate every complaint we receive. We are publicly funded and have an obligation to use the funds allocated to us in an effective, efficient and economic manner. While I understand Ms X may not be satisfied with the Council’s response to her concerns, we will not investigate the complaint because we are unlikely to find evidence of fault sufficient to warrant an investigation.

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Final decision

10. We will not investigate Ms X’s complaint because we are unlikely to find evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman