Summary: We will not investigate Mrs B’s complaint about the Council’s refusal to cut back trees which overhang her property. This is because there is not enough evidence of fault to justify an investigation.

The complaint

1. Mrs B complains the Council has refused to cut back overgrown trees next to her home. Mrs B says the trees cause a nuisance and prevent her using her driveway. Mrs B also says the Council is wrong to expect her to cut back overhanging branches and it is the Council’s responsibility to maintain these 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 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 Mrs B including photographs of the trees she is complaining about. I have read the Council’s tree management policy, which is available on the Council’s website.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. There is not enough evidence of fault to justify an investigation into Mrs B’s complaint.
6. The Council’s tree management policy, like many local authority tree policies, focuses on felling or pruning trees for safety reasons rather than amenity or nuisance reasons. It is for the Council to decide this policy and it is not our role to tell the Council it should maintain its trees differently.
7. A Council tree officer has visited this location more than once and took the view the trees were not affecting the use of the highway or footpath. The officer said there was a minor overhang over Mrs B’s property, but the trees were not causing any damage. The tree officer decided the trees did not require urgent felling and did not instruct any work to be undertaken.
8. This decision was in line with the Council’s tree management policy. Also, the Council was correct to advise Mrs B of her common law right to remove any overhanging branches.
9. So, we will not investigate this complaint.

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Final decision

10. We will not investigate Mrs B’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman