Stevenage Borough Council (24 003 032)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 07 Aug 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision not to carry out work to cut back trees and bushes at the back of Ms X’s property. This is because there is no evidence to suggest fault by the Council.
The complaint
- Ms X complains the Council will not carry out works to cut back trees and bushes in woodland behind her property which are causing a nuisance in her property and garden.
The Ombudsman’s role and powers
- We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. 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)
- 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))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X has complained in the past about the Council’s failure to cut back trees and bushes in woodland at the back of her property. In relation to her most recent request for tree works, the Council visited in February 2024 but decided there was no requirement for tree work.
- It is not our role to act as a point of appeal against council decisions with which complainants disagree. We cannot question council decisions if they have followed the right steps and considered the relevant evidence and information.
- While Ms X may be disappointed with the Council’s decision that no work is required, this is a decision it is entitled to make and there is no evidence to suggest fault affected it.
- Ms X is a housing association tenant and she should report any property damage to her landlord, the housing association.
Final decision
- We will not investigate Ms X’s complaint because there is no evidence to suggest fault by the Council.
Investigator's decision on behalf of the Ombudsman