Summary: We will not investigate this complaint about a tree because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mrs X, complains about a tree which she says is digging up her property and blocks her gutters and pipes. She wants the Council to remove the tree and does not want to make an insurance claim.

Back to top

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))

Back to top

How I considered this complaint

3. I considered information provided by Mrs X. I also considered the inspection records, the Council’s tree policy, and our Assessment Code.

Back to top

My assessment

4. Mrs X complains about a tree. She says it is damaging her property and leaves block her gutters and pipes. Mrs X also says it makes it hard to safely drive off her driveway.
5. In response to Mrs X’s complaint, the Council said the tree was recently pruned to the correct standard. It said excessive pruning can damage trees and removing trees is detrimental to the environment. It invited her to make a claim for damage.
6. I will not start an investigation because there is insufficient evidence of fault. The Council’s tree policy says the Council will only do tree work which is necessary and it does not do work for issues related to leaf fall. It does not remove healthy trees. The policy explains that if someone thinks a tree has damaged their property, or will cause damage, they must follow the Council’s claims process.
7. The records show the Council regularly inspects the tree and no issues have been found other than general maintenance needs. In January it pruned the tree to the extent that tree officers deemed necessary. There is nothing to indicate the tree meets the criteria for removal or needs additional work.
8. I appreciate Mrs X would like the Council to remove the tree but the Council’s actions are consistent with the tree policy so there is no reason for us to start an investigation. If Mrs X is concerned about damage she can use the Council’s claim process. We do not act as an appeal body and we cannot intervene simply because a council makes a decision that someone disagrees with.

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman