Summary: We will not investigate this complaint about the Council’s failure to maintain a tree. This is because further investigation would not lead to a different outcome.

The complaint

1. The Complainant, who I will call Mrs X, complains that the Council has failed to maintain a tree outside her mothers home. Mrs X says overhanging branches have resulted in increased insurance premiums and have caused damage to her mothers property.

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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 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 and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council’s contractors wrote to residents including Mrs X’s mother, informing them it planned to maintain trees in October 2021, and asked residents not to park close to the trees. The Council have said its contractors could not carry out the work due to cars parked on the road. The contractors made further visits but the trees were still inaccessible due to parked cars.
6. In response to Mrs X’s complaint, the Council said it would implement a road closure and that any cars parked on the road would be removed. It said this would be done by November 2022
7. I will not investigate Mrs X’s complaint because further investigation would not lead to a different outcome. The Council has explained to Mrs X why work could not be carried out, what it planned to do and when.
8. Mrs X’s mother has a common law right to remove or arrange for the removal o 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.

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Final decision

9. We will not investigate Mrs X’s complaint because any further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman