Summary: We will not investigate this complaint about the Council failing to maintain trees properly. There is not enough evidence of fault to justify our involvement.

The complaint

1. Mr and Mrs X complained the Council had not maintained the tress that grew at the rear of their property properly. They said the trees were overgrown and encroaching on their property. They want the Council to cut back the trees.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We 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)
3. 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. (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. In the Council’s complaint response, it said it inspected the trees on a regular basis to identify if any trees needed maintenance. It said it used a risk management process to prioritise that work. It said it would not prune trees based on their height, or for blocking light from Mr and Mrs X’s garden. It said Mr and Mrs X could cut back any overhanging vegetation.
7. Although Mr and Mrs X are unhappy with the Council’s response, we will not investigate. The Council has confirmed it routinely checks the trees, has completed a visit to their property and made its decision not to cut back the trees in line with its Urban Forestry Strategy. It has concluded the trees are not unsafe. There is not enough evidence of fault in how the Council considered their concerns to justify our involvement.

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Final decision

8. We will not investigate Mr and Mrs X’s complaint because there is not enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman