Summary: We will not investigate this complaint that the Council will not prune some trees because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Ms X, complains the Council will not prune some trees adjacent to her home. She wants the Council to prune and 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 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 Ms X and the Council. This includes the complaint correspondence, photographs, and the Council’s tree policy. I also considered our Assessment Code.

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My assessment

4. Ms X wants the Council to prune some trees adjacent to her home. She says the trees make her home cold and damp, pose a risk by dropping debris into the garden and make the garden unusable for safety reasons. Ms X also says squirrels access her roof, there are vermin in the vegetation around the trees, and she cannot hang washing out due to bird droppings.
5. The Council inspected the trees on at least three occasions and found no defects. It arranged for some deadwood, ivy and epicormic growth to be removed.
6. In response to her complaint the Council explained that the inspections had found there were no safety issues but she could cut back the branches to the boundary. It explained it does not do tree work due to nuisance (for example bird droppings) and it explained why it would not do work for the issues relating to sunlight, squirrels or vermin. The Council invited Ms X to provide evidence of any damage caused by the trees but says she has not done so. Ms X sent a photograph of a small twig/branch in the garden but the Council says this was not evidence of damage.
7. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council responded appropriately by inspecting the trees and arranging for some minor work to be completed. It did not do more extensive work because it found no defects and no safety issues. It invited Ms X to provide evidence of any damage caused by the trees and it is still open for her to do this. I have considered the photograph Ms X sent of the small branch and I agree it does not show evidence of damage.
8. I appreciate Ms X disagrees with the Council’s assessment of the trees but it is not fault for a council to follow the recommendation of a tree officer. Further, the decisions made in relation to the trees reflect the tree policy.
9. We are not tree officers and we cannot inspect trees. We are not an appeal body and it is not my role to comment on the trees or say whether the Council should do more work. I can only consider if there was fault in the way the Council responded and I see no suggestion of fault. The Council inspected the trees, did the work it found to be necessary in accordance with the tree policy, and explained why it would not do additional work. The Council followed the correct processes so there is no reason to start an investigation.

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Final decision

10. 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