Summary: We will not investigate this complaint about the Council’s decision not to prune a tree. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, complains the Council will not prune a tree. The tree is near Mr X’s home and overhanging branches allow squirrels to access Mr X’s roof and loft. Mr X wants the Council to prune the tree.

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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 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

3. I considered information provided by Mr X and the Council. This includes the complaint correspondence and the tree policy. I also considered our Assessment Code.

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My assessment

4. There is a Council owned tree near Mr X’s home. Squirrels use overhanging branches to access the roof and loft. Mr X has had to spend money on pest control. Mr X is worried branches may fall causing damage or injury. Mr X asked the Council to prune the tree.
5. The Council inspected the tree and found it to be healthy and free from defects. The Council said it would not prune the tree because that would be contrary to the tree policy.
6. Mr X says the Council told him he could arrange to have the branches cut back to the boundary but Mr X says he cannot afford a tree surgeon.
7. I will not start an investigation because there is insufficient evidence of fault by the Council. The tree policy says the Council will avoid pruning unless it is absolutely necessary. It may prune if a tree is diseased or dead to make it safe, or where a tree is causing an obstruction. The policy does not say the Council will prune a tree due to rodents. I can understand why Mr X wants the Council to prune the tree but the decision reflects the policy so there is no suggestion of fault and no reason to start an investigation. We do not act as an appeal body and we cannot intervene simply because a council makes a decision that someone disagrees with.

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Final decision

8. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman