Summary: We will not investigate this complaint that the Council discriminated against the complainant when he raised concerns about an allegedly dangerous tree on neighbouring land. There is not enough evidence of fault in the way the Council has considered the matter.

The complaint

1. Mr X complains the Council discriminated against him when it refused to take action in relation to a tree on neighbouring private land which he believes to be dangerous.

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The Ombudsman’s role and powers

2. We can 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. So, we do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We can consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. The Equality Act makes it unlawful for organisations carrying out public functions to discriminate on any of the nine protected characteristics listed in the Equality Act 2010, including race. They must also have regard to the general duties aimed at eliminating discrimination under the Public Sector Equality Duty.
5. We cannot decide if an organisation has discriminated against someone or breached the Equality Act as this can only be done by the courts. But we can make decisions about whether or not an organisation has properly taken account of an individual’s rights in its treatment of them.

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How I considered this complaint

6. I considered:
• information provided by Mr X and the Council, which included their complaint correspondence.
• comments from Mr X on an earlier version of this statement.
• the Ombudsman’s Assessment Code.

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Final decision

7. We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council. In reaching this view, I am mindful that:
• the Council has no duty or obligation to take action against allegedly dangerous trees on private land.
• it considered the information submitted by Mr X, visited the area, and provided advice about contacting the landowner and/or obtaining his own advice from an arboricultural specialist.
• I have seen no evidence to suggest the Council has treated Mr X differently to any other person raising the same kind of concerns/enquiries about a tree.

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Investigator's decision on behalf of the Ombudsman