Summary: We will not investigate this complaint about the Council’s failure to assist in cutting back trees which overhang Mr X’s property. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

The complaint

1. Mr X complains that despite having applied and received planning permission two years ago to carry out works to cut back trees overhanging his garden, nothing has been done by the Council. He says it should put pressure on the school where the trees grow to cut back the trees.

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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 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

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In 2022 Mr X applied for and received planning permission to carry out works to cut back trees close to his property which are the subject of a Tree Preservation Order.
6. The permission stated the work had to be completed within two years and as it had not been carried out, Mr X complained to the Council about it.
7. It advised him to contact the school direct as the trees are the school’s responsibility. It followed this up to explain that tree work consent grants the principle of the work but who carries out the work is not a factor in the process so having received consent to do the work, Mr X can remove branches overhanging his property and that for work to the trees which fall on the school’s land, he would need consent to access the school’s property. It confirmed Mr X could apply again to renew the expired permission using the same wording and plan as for the original application.
8. We do not investigate every complaint we receive and we will not investigate where we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.
9. Mr X has now applied again for permission to carry out work to the trees. He can remove branches etc overhanging his garden and he can liaise with the school to request that it complete the remaining work. If it does not respond he can make a complaint directly to the school.

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Final decision

10. We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman