Summary: We will not investigate this complaint about the Council’s decision not to remove a tree. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mr X, complains the Council will not remove a tree which drops debris onto a car, parked on a private drive, causing damage and inconvenience.

Back to top

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))

Back to top

How I considered this complaint

3. I considered information provided by Mr X and the Council. This includes the complaint correspondence and the Council’s tree policy. I also considered our Assessment Code.

Back to top

My assessment

4. Mr X asked the Council to remove a tree. He explained that throughout the year the tree drops debris onto to a car parked on a private drive. He says the debris blocks some vents causing water to enter the car; the debris also gets into the engine affecting the car’s performance.
5. A tree officer inspected the tree and decided no work is required. The Council referred to its tree policy and said it would not remove the tree. The Council suggested Mr X could regularly clean the car, use a cover or park somewhere else. Mr X says a cover will not solve the problem and he already cleans the car when he can.
6. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The tree policy says the Council will only remove a tree if there is a risk to public safety or damage to property. The policy excludes doing tree work for reasons linked to debris falling from a tree. The Council inspected the tree and decided not to remove it because the tree does not meet the criteria for either felling or pruning. The decision reflects the policy so there is no reason to start an investigation. In addition, the Council acted appropriately by considering Mr X’s circumstances and suggesting options to try to alleviate the problem. I appreciate Mr X does not think these suggestions would work but that disagreement does not mean there has been fault. In addition, we are not an appeal body and cannot intervene simply because a council makes a decision that someone disagrees with.

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman