Summary: We will not investigate this complaint about unsafe tree cutting work undertaken by the Council. This is because Mr B has not suffered an injustice and an investigation would not add to the Council’s own investigation.

The complaint

1. The complainant, who I will refer to as Mr B, complains about tree cutting work undertaken by the Council in his local area. Mr B says safety procedures were wholly inadequate and members of the public could have been injured. Mr B also says contractors left branches on the road, which could have caused an accident or damaged his car.

Back to top

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 an investigation if we decide:

• any fault has not caused injustice to the person who complained, 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))

Back to top

How I considered this complaint

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

Back to top

My assessment

5. In response to Mr B’s complaint, the Council said:
• there were officers on the road with the specific job of keeping the public away from working areas and stopping work if this was not possible.
• it wrote and spoke to adjoining residents.
• it would review whether mistakes were made and whether procedures can be improved.
• it may incorporate some of Mr B’s ideas.
• it would review its contractor’s method statement and risk assessments, and consider whether future works may require the public to be prohibited from an area.
6. An investigation into Mr B’s complaint is not justified.
7. Mr B was not affected by the way the tree cutting work was undertaken. This means the alleged fault by the Council did not cause Mr B an injustice.
8. I understand Mr B is concerned about public safety. But, the information indicates the Council has listened to his concerns and will review how its contractor undertakes these works in future. So, it is unlikely an investigation by the Ombudsman would provide a meaningful outcome or add to the Council’s own investigation.

Back to top

Final decision

9. For the above reasons we will not investigate Mr B’s complaint.

Back to top

Investigator's decision on behalf of the Ombudsman