Summary: We will not investigate this complaint about the Council’s decision not to carry out works to protected trees, or the fact that it is considering enforcement action against the complainant for carrying out such works. This is because we cannot take a view on whether the works were warranted.

The complaint

1. The complainant, who I will refer to as Mr X, complains that the Council failed to carry out necessary works to protected trees close to his property and has threatened to take legal action against him for doing so.

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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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X says two Council-owned trees close to his property cause nuisance. He complains that the Council has failed to carry out necessary maintenance to the trees over a number of years. The trees are subject to a Tree Preservation Order. The Council has set out its view that the works Mr X wants are not warranted.
7. Mr X says that, in the absence of works by the Council, he engaged a tree surgeon to carry out the work for him. He says the tree surgeon advised him that the works he proposed did not require the Council’s permission. He complains that the Council has subsequently threatened him with legal action for carrying out unauthorised works to protected trees.
8. The Ombudsman will not investigate Mr X’s complaint. It is not for us to express a view on whether works were warranted. That is a matter for the professional judgement of the Council’s officers and we will not intervene to substitute an alternative view. The Council is entitled to consider taking enforcement action. If it decides to take the matter to court, Mr X is entitled to defend himself, and the reasonableness of his actions will be for the Court to decide. There is no role for the Ombudsman.

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Final decision

9. We will not investigate Mr X’s complaint because we cannot express a view on the substantive matter.

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Investigator's decision on behalf of the Ombudsman