Summary: We will not investigate this complaint about the Council’s refusal to accept responsibility for maintaining trees. This is because we cannot achieve anything significant by doing so.

The complaint

1. The complainant, who I will refer to as Ms B, complains that the Council is at fault in refusing to accept responsibility for the maintenance of trees adjacent to her property.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. 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

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

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My assessment

5. Ms B says the Council has failed to maintain trees close to her property. She reported the matter to the Council as a maintenance request but says it has now become a boundary dispute, as the Council says the trees are not its responsibility.
6. Ms B wants the Council to clarify the precise position of the boundary and accept responsibility for the trees, or advise her who is responsible.
7. The Ombudsman will not investigate says Ms B’s complaint because we cannot achieve anything by doing so. Essentially, the substantive matter is a boundary dispute. The Ombudsman can take no view on such matters, which can only be definitively decided by the courts. Our involvement would not therefore achieve the outcome Ms B wants.

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Final decision

8. We will not investigate Ms B’s complaint because we cannot achieve anything significant by doing so.

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Investigator's decision on behalf of the Ombudsman