Summary: We will not investigate Mrs X’s complaint about the Council’s decision not to fell a tree to enable her to install a new broadband connection. This is because there is insufficient evidence of fault to warrant an investigation by the Ombudsman.

The complaint

1. Mrs X complained the Council refused to remove a tree on the public highway which she says blocked her ability to have a new broadband line connection installed.
2. Mrs X said the matter caused her frustration.
3. Mrs X wants the Council to remove the tree.

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The Ombudsman’s role and powers

4. 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, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs X asked the Council to remove a tree it is responsible for on the public highway. Mrs X wants the tree to be felled to enable her to install a new broadband connection via a telegraph poll.
8. We will not investigate this complaint. In its final response to Mrs X, the Council explained that its policy is not to remove healthy trees to enable a person to install a new broadband phone line.
9. I have seen the Council’s policy, which confirms it will not remove a tree for the purpose of installing a new phone line (which is analogous to a new broadband connection). Therefore, there is insufficient evidence of fault in the Council’s decision making to warrant an investigation by the Ombudsman.

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Final decision

10. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault to warrant an investigation by the Ombudsman.

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Investigator's decision on behalf of the Ombudsman