Summary: We will not investigate this complaint that the Council has refused to carry out work to a tree near the complainant’s property. This is because there is insufficient evidence of fault.

The complaint

1. Mr X complains that the Council refuse to carry out work on a tree close to his property. He says the inspection carried out by the Council was inadequate and that the tree poses a risk to his property which makes him anxious.

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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. 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 inspected Mr X’s

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Final decision

7. 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 evidence of fault in this case. The Council inspected the tree in line with its policy and found no evidence of defects that warranted work to the tree. The Council followed the correct processes, so we have no grounds to question the merits of the qualified tree officer’s decision.

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Investigator's decision on behalf of the Ombudsman