Summary: We will not investigate Mr B’s complaint about the Council’s refusal to crown or remove trees so he can effectively install solar panels. This is because there is not enough evidence of fault to justify an investigation.

The complaint

1. Mr B complains the Council has refused his request to crown or remove Council owned trees next to his home so he can effectively install solar panels on his property. Mr B says the Council wrongly decided the solar panels would only benefit him and his property. Mr B says the carbon reduction benefit of the solar panels would exceed that of the trees and contribute to the collective effort to combat climate change.

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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 Mr B and have viewed Mr B’s property on Google Streetview. I have also considered information on the Council’s website about its approach to tree management.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council generally will only take action to remove or prune a tree if it is dead, diseased, dying or dangerous, damaging property, or blocking statutory road signs.
6. The Council has told Mr B it will not fell or prune Council owned trees, which deliver multiple benefits, to allow for effective installation of solar panels.
7. The Council has explained the many environmental and amenity benefits of trees. These benefits are not limited to carbon capture.
8. The Council’s decision to refuse Mr B’s request is in line with its approach to tree management. Also, it is not the role of the Ombudsman to tell the Council it should change its criteria for tree pruning or removal.
9. So, there is not enough evidence of fault to justify an investigation.

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Final decision

10. We will not investigate Mr B’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman