Summary: We will not investigate Mrs X’s complaint about an overgrown apple tree on Council land she would like removed. This is because it does not meet the tests on how we decide which complaints to investigate. There is no indication of fault in the Council’s decision that it will not be removed.

The complaint

1. Mrs X complains about an overgrown apple tree on Council land that is causing danger and nuisance.
2. Mrs X says the fallen apples are a slip/ trip hazard and are used by youths to throw at cars and people. She also says it affected the signal to her satellite dish. She would like the Council to remove it if it is not going to prune it back.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We provide a free service but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended).
4. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether you disagree with the decision the organisation made.
5. 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

6. I considered the information provided by the complainant. I also considered the Ombudsman’s Assessment Code.

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My assessment

7. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether you disagree with the decision the organisation made.
8. The Council has told Mrs X that it has inspected the tree in question.
9. The Council advises it found the tree ‘appears in good health’ and there is no obligation on it to remove the tree or prune it down. It explains - in accord with its policy – the tree will not be removed as it is not ‘high risk’ in terms of public safety. It also advises her to contact the police re youths and her satellite provider re the signal.
10. As the Council’s decision has been taken after a tree inspection and consideration of its policy, we will not investigate. This is because we are unlikely to find indication of fault.

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Final decision

11. We will not investigate Mrs X’s complaint because we are unlikely to find fault.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman