Summary: We will not investigate Mr X’s complaint about the Council’s refusal to remove a tree near his property. There is insufficient evidence of fault to warrant an investigation.

The complaint

1. Mr X complains the Council has refused to fell a tree near his property. He says the tree roots are causing damage to his property and the tree is a public nuisance. He wants the Council to remove the tree or allow him to arrange for the tree to be removed.

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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 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.

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

3. 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)

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How I considered this complaint

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

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My assessment

6. The Council’s policy sets out how it manages and priorities works to trees in its area. It says it will not remove trees without a good reason, and it is usually only considered in the interest of public health and safety.
7. In its complaint response, the Council said it had assessed the tree and concluded the tree was healthy. It said it did not believe the tree had outgrown its location and so would not agree to fell it. It said it planned to maintain and monitor the tree going forward.
8. It advised Mr X that it he considered the Council liable for damage to his property caused by the tree roots, he could make an insurance claim against the Council.
9. We will not investigate this complaint. The Council has considered Mr X’s request but decided it will not fell the tree. It has explained its reasons to Mr X and has appropriately advised him how to make an insurance claim, if he believes the Council is liable for damage to his property. There is insufficient evidence of fault to warrant an investigation.
10. Mr X considers the Council has not responded to all his questions or explained why it does not consider the tree to be a public nuisance. We will not investigate this. It is not our role to answer every question a complainant may have. The Council has appropriately explained the reasons for its decision to Mr X and so an investigation would not lead to a different outcome.

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Final decision

11. We will not investigate Mr X’s complaint because there is insufficient evidence of fault and further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman