Summary: We will not investigate this late complaint about the Council not enforcing against a tree that was felled without authorisation. There is not a good reason Mr X did not bring the matter to us sooner. In any event, there is insufficient evidence of injustice caused to Mr X.

The complaint

1. Mr X complained the Council chose not to prosecute another person for felling a tree without authorisation. He says the loss of the tree affects wildlife, the environment and his view. He wants the Council to have the person responsible plant a replacement tree and to prosecute them.

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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)
3. 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:

• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), 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 another person felled a tree unlawfully, but the Council failed to enforce against this. The law says people must bring complaints to us within 12 months of becoming aware of the matter. The tree in question was felled several years ago, and Mr X has provided evidence he raised his concern with the Council about the matter in early 2022. There is not a good reason for the delay in him bringing the matter to us and we will not investigate this complaint now.
7. In any event, there is insufficient evidence Mr X has experienced a significant injustice due to the tree being felled. Therefore, we would not investigate this complaint even if it were made within the time limits the law sets out.

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Final decision

8. We will not investigate Mr X’s late complaint because there is not a good reason for the delay in him bringing the matter to the Ombudsman, and in any event there is insufficient evidence the matter caused him injustice.

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Investigator's decision on behalf of the Ombudsman