Summary: We will not exercise discretion to investigate this complaint about the Council’s failure to take action to cut back overgrown trees obstructing access to a car park. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

The complaint

1. Mr X complained about the Council’s failure to cut back conifers on a private boundary which are affecting the access to a car park shared by him and a neighbour. He says a Council officer told him in in 2021 that the Council could cut back the trees and recharge the owner if no work was carried out.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

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

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My assessment

5. Mr X reported in 2021 the access road to a car park which he and a neighbour use was obstructed by conifers growing from a property boundary into the roadway. The case was considered by a planning enforcement officer who said he would write to the owner. Mr X says he told him that if the trees were not cut back the Council could carry out the work and recharge the owner.
6. In 2023 Mr X made a formal complaint to the Council because the trees continued to obstruct the access and no work had been undertaken by the Council. The Council told Mr X it could find no record of any letter advising him that it might carry out the work in default should the owner fail to clear the access. Enquiries by the Council confirmed that the owner had died since the original complaint and ownership of the land and the trees could not be established at present.
7. The Council told Mr X that it only carries out work to trees in default when they affect public access or public highways and rights of way. In this case the trees are on private land and the access and car park are also private. This is a civil matter which the private parties involved would have to resolve by legal means if necessary.
8. Mr X was aware of the matter in 2021 and when no action was taken it was reasonable for him to complain to us within 12 months. There is no evidence to suggest that he could not have complained to us sooner.

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Final decision

9. We will not exercise discretion to investigate this complaint about the Council’s failure to take action to cut back overgrown trees obstructing access to a car park. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman