Summary: We have found the Council at fault for not notifying Mrs X that it had confirmed Tree Preservation Orders within her property. This did not cause Mrs X an injustice as she was aware the Orders had been made and saw they had been confirmed online.

The complaint

1. Mrs X complained about how the Council made and confirmed a Tree Preservation Order (TPO) on her land. She said the Council did not invite her to object to the proposed TPO, trespassed on her land and failed to notify her that the Order had been confirmed.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

Back to top

How I considered this complaint

4. I considered evidence provided by Mrs X and the Council as well as relevant law, policy and guidance.
5. Mrs X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

Back to top

What I found

The law and guidance

Making and confirming a Tree Preservation Order

6. A council can make and then confirm a Tree Preservation Order (TPO) if it appears expedient in the interests of amenity to do so. It can begin the process or respond to a request to make an order.
7. Before making a TPO the council should assess the amenity value of the tree(s). If it decides to make a TPO it must invite representations from people with an interest in the land - the owner/occupier of the land on which the tree stands and anyone entitled to carry out works to the tree. It must also make a copy available for public inspection. It may decide to tell other people and display a site notice.
8. The council must consider objections and comments and decide whether to confirm the TPO as originally made or in a modified form.
9. The council must tell all people previously told of its decision on whether to confirm or not confirm the TPO.
10. A TPO comes into effect on the day the council makes it. It remains in effect for six months unless the LPA decides to confirm or not confirm it.
11. There is no right of appeal to the Secretary of State against a decision to make or confirm a TPO. The validity of a TPO can be challenged in the High Court on a point of law.

Works to trees to TPOs

12. Councils may impose Tree Preservation Orders (TPO) to trees, groups of trees or woodland to protect them. They may control works on trees, such as:
• Cutting down;
• Topping;
• Lopping;
• Uprooting; and
• Willful damage and destruction.
13. Once a TPO is in place, works cannot be carried out without written consent by the Council’s planning authority. Once a TPO is made, the Council must allow 28 days to for affected persons and the public to make representations. TPOs can only be confirmed within 6 months from the date the order was made. If the deadline is missed, the Council may issue a new order and begin the process again.

What happened

Work to trees

14. In February 2024, the Council received a report that works had been carried out to trees with TPOs on Mrs X’s property.
15. The next day, a tree officer visited the site. They took photographs and noted that of the 14 trees with TPOs, 10 had recently had branches cut off.
16. The officer said they approached Mrs X’s house and introduced and identified themselves. They said the people present refused to answer basic questions as to their names, connection to the site or who may have instructed works to be carried out.
17. Mrs X contacted the Council and explained she did not like the officer’s attitude.
18. The Council decided that the works done to the trees were not detrimental to the tree health or lifespan. However, Mrs X should have requested consent from the Council before carrying out works. The Council sent Mrs X a warning letter.

New TPO request

19. Two weeks later, the Council received a request from a member of the public to make a TPO on four groups of trees within Mrs X’s property.
20. A tree officer visited the site, took photographs and assessed the trees proposed for a TPO.
21. At the end of April, the Council made a TPO covering the four groups of trees. It sent consultation letters to neighbours and local councillors. It erected notices around the site and served it in person to Mrs X’s address.
22. In May, the Council received objections and a petition against one of the groups of trees. In June, the Council amended the TPO to remove this group of trees and confirmed the TPO on the other three.

My findings

Work to trees

23. The Council was made aware that works had been carried out to trees with TPOs on Mrs X’s property. From the evidence I have seen, the Council responded quickly and in line with TPO legislation when it visited the site and spoke to people present at the property.
24. The legislation states that officers do not need to make an appointment and have the right of entry to land when investigating an alleged breach of policy. The Council said that officers introduced and identified themselves. I have no reason to believe otherwise and have therefore found no fault here.

New TPO request

25. I have found no fault with the Council’s actions when officers visited the site and took photographs after a TPO request was made. The Council consulted in line with TPO legislation and considered the representations made. Mrs X said she was not consulted however the Council said that it served the notice by hand. In addition, the Council erected notices around the site stating that a TPO had been made and how to register representations. As several people made representations, I consider the consultation process to have been carried out correctly.
26. Mrs X said the Council did not notify her that it had confirmed the TPOs. I have not seen any evidence that the Council notified her. The legislation requires councils to tell all people previously told of its decision on whether to confirm or not confirm the TPO. This was fault but I do not consider it to have caused an injustice to Mrs X.

Back to top

Decision

27. I have found fault with the Council for failing to notify Mrs X that it had confirmed the TPOs on trees within her property. This did not cause Mrs X an injustice.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman