Summary: We will not investigate this complaint about the Council’s maintenance of a highway tree. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mr X complained about the Council’s refusal to prune a large tree in the highway outside his home. He says the tree restricts daylight when it is in leaf and also creates a mess on his land from leaves and debris.

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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 the information provided by the complainant and the Council. I have also read the Council’s policy on tree maintenance.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says a birch tree on the highway verge which he says affects the light to his home and causes a mess on his property from leaf and fruiting debris. He asked the Council to prune the tree but following an inspection it told him that the tree did not warrant any action at present.
6. The Council’s policy is that it does not prune trees where the request concerns loss of light, leaves and debris or other matters which do not present a risk to public highway users or the surrounding buildings. The Council advised Mr X of his common law rights to prune any branches overhanging his property provided this was carried out by a competent arboriculturist.
7. When considering complaints, we may not question whether the decision the Council has made is right or wrong or offer any opinion on whether or not we agree with the judgment of the Councils’ officers or members when there is no fault. This means we will not intervene in disagreements about a decision where there is no fault. In this case the Council’s response reflects its policy on pruning amenity trees and there is no fault to warrant further investigation.

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Final decision

We will not investigate this complaint about the Council’s maintenance of a highway tree. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman