Summary: We will not investigate this complaint about the Council’s decision not to prune trees next to the complainant’s garden. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Ms X, complains the Council will not cut back overhanging trees which encroach on her garden. Ms X says the branches fall into her garden and are a safety risk. Ms X wants the Council to prune and manage the trees.

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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 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))

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How I considered this complaint

3. I considered information provided by Ms X. This includes the complaint correspondence. I also considered our Assessment Code.

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My assessment

4. There are Council trees behind Ms X’s garden. Ms X says the branches overhang her garden and pose a safety risk. She says the leaves block sunlight and fallen branches have damaged her garden furniture.
5. A tree officer inspected the trees. He arranged for one tree to be removed because it was leaning against the fence but he said additional work was not needed. The officer said Ms X could cut the branches back to the boundary.
6. Ms X complained about the decision and said the contractors who removed the tree said further work is needed.
7. In response to the complaint the Council explained it is not required to cut back healthy branches but she could, if she wished, cut the branches back to the boundary. It explained it advises contractors not to comment on whether work is required because they will not be aware of all the circumstances.
8. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council responded appropriately by arranging for a tree officer to inspect the trees and to carry out tree work in accordance with his recommendations. I appreciate Ms X disagrees with the recommendations, but it is not fault for a council to follow the judgment of a qualified tree officer.
9. The Council’s decision is consistent with the tree policy which says the Council will remove or prune a tree which is damaged or diseased, or causing damage. The policy also says the Council will not do tree work for issues such as leaf fall or sunlight. The officer did not find that the overhanging trees met the criteria for work but said Ms X could cut back the branches. The Council’s decision reflects the policy so there is no reason to start an investigation.
10. Ms X says the contractors agreed with her that additional work is needed. However, they are not responsible for deciding whether work should be completed and, as I have said, it is not wrong for a council to implement the findings of its tree officer.
11. We are not an appeal body and we cannot tell a council to do tree work when that would be contrary to the tree policy and the judgement of the tree officer.

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Final decision

12. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman