Bournemouth, Christchurch and Poole Council (22 018 126)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 15 Oct 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s handling of an application made by Mr X’s neighbour to carry out work to trees in their garden. This is because we are unlikely to find evidence of fault by the Council.
The complaint
- The complainant, who I refer to as Mr X, complains about the Council’s handling of an application made by his neighbour to carry out work to trees in their garden which has affected Mr X’s privacy. He says the Council should pay for the planning of new mature trees and pay him compensation.
The Ombudsman’s role and powers
- We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
- We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council, including its response to the complaint.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complained to the Council about its handling of an application made by his neighbour to carry out works to trees in their garden. The Council did not uphold the complaint. It explained that its decision to allow the pruning of the trees had been reviewed and the decision to grant permission for the works to be reasonable.
- It is not our role to act as a point of appeal against decisions made by councils with which complainants do not agree. We cannot question decisions made by councils if they have followed the right steps and considered the relevant evidence and information. While Mr X may not agree with the Council’s decision to grant permission for the works, there is no evidence to suggest fault affected it.
Final decision
- We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman