Summary: We will not investigate this complaint about how the Council dealt with reports that a tree protected by a Tree Protection Order had been removed. 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 did not take appropriate action when she reported that a landowner had removed a tree protected by a Tree Protection Order (TPO). Mrs X says she would like the tree replaced.

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 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))

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Mrs X complained to the Council that a landowner had removed a tree which was protected by a TPO. The Council identified the landowner who said the tree was removed as it was dead. The Council concluded there was insufficient evidence to show that the landowner was not telling the truth and therefore decided rather than prosecute it would serve a notice requesting the tree be replaced.
6. Whilst there has been a delay in the tree being replaced, the Council has said that this was due to the landowner not responding to its notice. It has recently carried out a site visit and successfully contacted the landowner. Arrangements for the new tree have now been made, and planting is due to take place in the coming weeks. Further investigation would not lead to a different outcome so we will not investigate this complaint further.

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman