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

The complaint

1. The complainant, Mr X, complains the Council will not prune some trees near his home. Mr X wants the Council to prune them.

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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 X and the Council. This includes the complaint correspondence. I also considered our Assessment Code.

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My assessment

4. There are some trees near Mr X’s home. He says they are very tall and the branches are near the roof of his house. He says the trees block light, encroach on his land and drop leaves which require a lot of effort to sweep up. He says the trees are a nuisance and a potential danger.
5. The Council inspected the trees in 2023 and 2024. The tree officer found the trees to be healthy, in a good condition and not presenting an unreasonable risk. The Council decided the trees do not need pruning at this time but provided advice about householder rights to cut trees back to the boundary. The Council explained it does not do tree work for issues related to leaf fall although it may do so if a tree is causing damage to roofs or gutters. The Council apologised for a delay in responding to some of Mr X’s enquiries about the trees.
6. I will not start an investigation because there is insufficient evidence of fault by the Council. A tree officer inspected the trees, decided they do not need pruning and explained the reasons for this decision. I appreciate Mr X disagrees with the decision, and has explained why he would like the Council to do some pruning, but it is not wrong for a Council to follow the professional advice of a tree officer. We are not tree officers and cannot tell a council to prune a tree when that would be contrary to the professional judgement of tree officers. We are not an appeal body and we cannot intervene simply because a council makes a decision that some disagrees with.
7. Mr X says the Council delayed responding to him and I acknowledge this may have been frustrating. But the Council apologised and, as no tree work is needed, the impact is not one that requires an investigation.

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Final decision

8. 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