Summary: We will not investigate this complaint about the Council’s decision not to take enforcement action in relation to the removal of vegetation in a conservation area. This is because we are unlikely to find fault.

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained about the Council’s decision not to take enforcement action following the removal of vegetation in a conservation area.

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

Back to top

How I considered this complaint

3. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

Back to top

My assessment

4. Any person wishing to carry out works to trees in a conservation area must serve notice to the Council so it can decide if it wishes to make a tree preservation order. However, trees and vegetation within the conservation area can be cut or pruned without permission in certain circumstances.
5. In this case, Mr X contacted the Council to complain about unauthorised works to trees and the removal of vegetation in a conservation area. A tree officer from the Council looked into Mr X’s concerns and visited the site. The officer decided, due to the likely size of the branches removed, there were no grounds to take enforcement action as permission was not required before the work was carried out.
6. I understand Mr X disagrees. But the Council was entitled to use its professional judgement to decide it did not have any grounds on which to take enforcement action and the Ombudsman cannot question this decision unless it was tainted by fault. As the Council properly considered if enforcement action was necessary, it is unlikely I could find fault.
7. Mr X says the removal of the trees has allowed people and vehicles to cross over his land without permission. But it is not for the Council to get involved in issues relating to unauthorised access to Mr X’s land as this will be a private civil matter between the parties.

Back to top

Final decision

8. We will not investigate Mr X’s complaint because we are unlikely to find fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman