Summary: We will not investigate this complaint about the Council’s refusal to fell or regularly maintain a tree near Ms X’s property. There is insufficient evidence of fault to warrant an investigation.

The complaint

1. Ms Y complains the Council has refused to fell or routinely prune a tree near her relative, Ms X’s property. It has also refused to clear the leaf fall. She says the tree blocks natural light and the leaf fall is a slip hazard for Ms X. She wants the Council to fell or regularly maintain the tree and remove the seasonal leaf fall.

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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.

(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 it is responsible for in its area. The policy says it will not normally prune or fell trees to alleviate problems caused by falling leaves, sap or blossom. It prioritises works required for public safety. General tree maintenance that is causing no risk of harm to people or property is classed as low priority. Low priority works do not have a completion target and will be completed as resources allow.
7. In its complaint response to Ms Y, the Council said it had assessed the tree and decided it was in a healthy and safe condition and so it would not remove it. It said pruning work was undertaken the previous winter and so it would not consider further work at this time.
8. We will not investigate this complaint. The Council’s decision appears in line with its policy. Although I accept Ms Y disagrees with it, we cannot question a decision taken without fault. There is insufficient evidence of fault to warrant an investigation.
9. If Ms X considers the tree is causing damage to her property, it is open to her to make an insurance claim against the Council. If she is unhappy with the Council’s response, she can take the matter to court. The courts are better placed to consider any claim of negligence by the Council.

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Final decision

10. We will not investigate Ms Y’s complaint because there is insufficient evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman