Summary: We will not investigate this complaint about the Council’s decision not to act to make a tree in his neighbour’s garden safe. This complaint is late and we have not seen enough evidence of fault by the Council.

The complaint

1. The complainant, I shall call Mr X, complains the Council is refusing to act to make a tree in his neighbour’s garden safe.
2. Mr X says the Council should act under powers for example in the Local Government (Miscellaneous Provisions) Act 1976.
3. He also complains about the Council’s complaints procedure.

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The Ombudsman’s role and powers

4. 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)
5. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
6. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

7. I considered information provided by the Mr X and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. Mr X contacted the Council in 2021 with his concerns about a tree in his neighbour’s garden. He reported that branches had fallen into his garden in 2014 when his daughter and a friend were outside.
10. The Council says its Tree Officer inspected the tree for decay, disease, excess dead wood, and evidence of movement. He is satisfied the tree does not pose an imminent danger.
11. Mr X was aware in 2021 of the Council’s decision. His complaint is therefore almost a year late.
12. We do have discretion to investigate late complaints. However, I have seen no good reasons to do so in this case. It is also unlikely we would find fault by the Council even if we did investigate. The Council has confirmed it has inspected the tree and is satisfied there is no imminent danger. With threat of imminent danger, the Council cannot take action.
13. Mr X also complains that his complaint was investigated by an officer within the same department. I have reviewed the Council’s complaints procedure and there is no evidence the Council has failed to follow the published process.

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Final decision

14. We will not investigate Mr X’s complaint. It is made too late and there is not enough evidence of fault in the Council’s actions.

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Investigator's decision on behalf of the Ombudsman