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

The complaint

1. The complainant, Ms X, wants the Council to remove some trees near her home. She has referred to their height, proximity, and blocked gutters. She also says they encourage children to play football which damages her property. Ms X offered to pay for replacement trees at a suitable location.

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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 and the Council. This includes the complaint correspondence and the Council’s tree policy. I also considered our Assessment Code.

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My assessment

4. Ms X asked the Council to remove some trees near her home. Ms X says the trees have a negative impact on her mental health due to their proximity, leaves blocking gutters, and children playing football which damages her property. Ms X also says she would like to install solar panels. Ms X offered to pay for three trees to be planted elsewhere.
5. In response the Council said the tree was pruned in 2023 and no further work is needed at the moment. The Council inspects the trees every two years and explained it does not remove or prune trees unnecessarily.
6. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council’s tree policy says the Council will remove a tree if it is dead, dying or diseased, or poses an unacceptable risk. The policy also says the Council will not prune a tree for reasons linked to leaf fall, bird droppings or anti-social behaviour. The Council’s decision reflects the tree policy so there is no reason to start an investigation.
7. Ms X has explained why she would like the Council to remove the trees. But, we are not an appeal body and we cannot ask the Council to do something which would be contrary to the tree policy.
8. Ms X could contact the Council’s anti-social behaviour team about the football if she thinks it causes a nuisance.

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Final decision

9. 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