Middlesbrough Borough Council (22 004 832)

Category : Environment and regulation > Trees

Decision : Closed after initial enquiries

Decision date : 03 Aug 2022

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council planting a micro-forest near the complainant’s home. This is because there is insufficient evidence of injustice.

The complaint

  1. The complainant, whom I refer to as Mrs X, complains the Council planted a micro-forest near her home. She says it has ruined her view, devalued her house and could pose a fire risk. Mrs X wants the Council to plant the trees somewhere else.

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The Ombudsman’s role and powers

  1. 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 injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

  1. I considered information provided by Mrs X and the Council. This includes the complaint correspondence and images of the area. I also considered our Assessment Code and invited Mrs X to comment on a draft of this decision.

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My assessment

  1. The Council has decided to planted thousands of trees to promote biodiversity. This includes planting a micro-forest in each ward. The long-term aim is to create small forests which can be used for leisure and will promote wildlife and insects.
  2. The Council planted young trees in a green area opposite Mrs X’s home. They will grow into one of the micro-forests. The area was selected in consultation with ward councillors.
  3. Mrs X says the trees look scruffy and have spoilt her view. She says they will devalue her home and could be a fire risk. She wants the Council to remove the trees and plant them somewhere else.
  4. I will not investigate this complaint because there is insufficient evidence of injustice. Mrs X dislikes the appearance of the trees but this does not represent an injustice requiring an investigation. And, the trees may become more visually appealing as they mature. Mrs X has not provided any evidence that her house has been devalued and, in the long term, having a micro-forest nearby could be regarded as an asset. In addition, there is no reason why the trees should represent a first risk which is any greater than that posed by any other tree or wood. We have no power to tell the Council to move the trees. This is something Mrs X could raise with her local councillors.

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Final decision

  1. We will not investigate this complaint because there is insufficient evidence of injustice.

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Investigator's decision on behalf of the Ombudsman

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