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

The complaint

1. The complainant, Mr X, disagrees with the Council’s decision not to remove a tree from outside his home. He says the tree is dangerous and the Council has ignored his concerns. He also says the leaves block his gutters which has a financial impact. Mr X wants the Council to remove 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. Mr X contacted the Council to report a dangerous tree outside his home. He said he had contacted the Council about the tree earlier in the year but the Council had not responded. Mr X said the tree is structurally unstable and poses a danger.
5. A tree officer inspected the tree. He found the tree to be in a fair condition with no obvious defects. He noted a small area of deadwood which did not require action. The officer arranged for some epicormic growth to be removed. Based on this inspection the Council told Mr X it would not take any action and the tree will be inspected every two years as per the schedule. The Council told me the tree is due to be inspected again towards the end of this year.
6. The Council’s tree policy says the Council will do tree work if a tree officer decides it is necessary. The Council does not do tree work to prevent leaves falling into gutters or because a tree is tall. In summary, the Council will only remove a tree if it is dead, diseased, dying or damaged.
7. I will not start an investigation because there is insufficient evidence of fault by the Council. While there may have been a delay in responding to Mr X’s initial report, the Council then responded appropriately by arranging for a tree officer to inspect the tree. The officer found no problems with the tree and, in line with the policy, decided no work was needed other than the removal of some growth. I appreciate Mr X disagrees with the officer’s assessment and maintains the tree is dangerous, but it is not fault for the Council to follow the advice of a professional tree officer. The Council’s decision reflects the policy so there is no reason to start an investigation.
8. We are not an appeal body and we are not tree officers. It is not my role to assess the tree and, like the Council, it is not for me to question the professional judgment of a tree officer. I have not seen anything to suggest we need to start an investigation and we cannot tell the Council to fell the tree.

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Final decision

9. 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