Summary: We will not investigate this complaint about the Council’s refusal to prune a highway tree which Mr X says is causing a loss of light and falling debris onto his property. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mr X complained about the Council’s failure to cut back branches of a tree in the public highway outside his home. he says the tree blocks light when the leaves are out and debris and twigs fall onto his front garden. He wants the Council to cut back the tree.

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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 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 continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome

(Local Government Act 1974, section 24A (6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant and the Council. I have also read the Council’s Tree Strategy Policy and Guidelines.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says a tree in the highway blocks the light when it is in leaf for part of the year and also deposits debris and twigs onto his property. He asked the Council to prune the tree but is has refused to do so because it says this is not required at present and it does not meet its policy criteria for works. Where the Council receives reports or complaints about trees block light or overhanging it gives advice about a householder’s common law rights to remove any branches overhanging their property provided this is done professionally and safely.
6. Mr X complained about the Council’s refusal to act. The Council delayed responding to his complaint but it has since done so and confirmed its original decision which it issued in October 2023.
7. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether someone disagrees with the decision the organisation made.
8. The Council explained its policy to Mr X and how he may take his own action where is common law rights are affected. There is no fault in this case where Mr X’s requests do not meet the policy criteria.

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Final decision

9. We will not investigate this complaint about the Council’s refusal to prune a highway tree which Mr X says is causing a loss of light and falling debris onto his property. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman