Summary: We will not investigate this complaint about the Council’s decision not to prune a tree. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mrs X, complains the Council will not prune a tree. The branches overhang her garden and bird droppings and sap fall into her garden. Mrs X wants the Council to cut back the tree.

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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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Mrs X and the Council. This includes the complaint correspondence and the tree policy. I also considered our Assessment Code and invited Mrs X to comment on a draft of this decision.

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My assessment

4. The Council’s tree policy says it will not do tree work for reasons linked to tree debris including leaf fall, sap and bird droppings. The policy also says the Council will only cut back overhanging branches if necessary; this may be in cases where the branches touch or are very close to a building.
5. Mrs X asked the Council to a prune a tree which overhangs her garden. She said sap, branches and bird droppings fall into her garden. She says this creates a hazard and some plants have died.
6. A tree officer and a manger inspected the tree. They decided the tree does not meet the criteria for tree work. They explained their decision to Mrs X and confirmed it in subsequent complaint replies.
7. We will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council responded appropriately by arranging for a tree officer to inspect the tree. The officer decided the tree does not need pruning and does not meet the criteria for tree work. It is not fault for a council to follow the professional judgement of a qualified tree officer. In addition, the decision reflects the policy which states work will not be carried out for reasons linked to tree debris. We could not ask the Council to prune the tree when that would be contrary to the findings of the tree officer and the terms of the policy.

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Final decision

8. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman