Summary: We will not investigate this complaint about a tree because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mrs X, complains the Council will not remove a tree. She wants the Council to remove it.

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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 Mrs X and the Council. This includes the complaint correspondence, photographs from Mrs X, and the Council’s tree policy. I also considered our Assessment Code.

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My assessment

4. There is a tree outside Mrs X’s home which she says causes a lot of problems. Mrs X complains of slippery leaves, restricted light and views, access issues, sap covering her car and says the tree attracts wasps. Mrs X wants the Council to remove the tree to alleviate these problems.
5. The Council has inspected the tree four times since 2018 and, on each occasion, found it to be healthy. The Council explained it does not do tree work for reasons linked to leaf fall, sap, light and other natural occurrences. It said there was no evidence of the pavement being lifted but it would arrange for foliage around the base of the tree to be removed. It said it would continue to monitor the tree and prune when needed.
6. I will not start an investigation because there is insufficient evidence of fault by the Council. I have read the tree policy; the Council’s actions and response reflect the policy so there is no suggestion of fault and no need to start an investigation.
7. Mrs X has highlighted the problems caused by fallen leaves; she says they make the surfaces slippery and dangerous. The policy states that fallen leaves are part of the natural cycle of a tree and the Council does not remove trees due to leaf fall. The policy also says the Council will not remove leaves from private properties.
8. I appreciate Mrs X would like the Council to remove the tree but the policy states the Council will only a remove a tree in limited circumstances and none apply to the tree reported by Mrs X.
9. We are not an appeal body and we cannot intervene simply because a council makes a decision that someone disagrees with. We cannot ask the Council to do something when that would be contrary to the tree policy.

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Final decision

10. 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