Summary: We will not investigate Mr X’s complaint about a tree near his property causing a loss of light and leaves/seeds to fall into his garden. This is because it does not meet the tests on how we decide which complaints to investigate. There is no indication of fault in the Council’s responses to her complaint.

The complaint

1. Mr X complains about a Council tree near his property creating a ‘mess’ in his garden with falling leaves/seeds.
2. Mr X says the tree is blocking his light too and he would like the Council to remove its tree.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We provide a free service but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended).
4. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether you disagree with the decision the organisation made.
5. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended).

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How I considered this complaint

6. I considered the information provided by the complainant. I also considered the Ombudsman’s Assessment Code.

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My assessment

7. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether you disagree with the decision the organisation made.
8. The Council’s highways contractor met with Mr X on 17 January to hear his concerns and also inspect the tree complained of.
9. The Council’s highways contractor found the tree to be situated sufficiently far away from Mr X’s property so as not to encroach on Mr X’s light. Further, the Council has explained to Mr X that the tree ‘overhang’ of his garden allows Mr X to cut back those tree branches thereby solving the issues in his garden.
10. Overall, the Council found the tree did not meet its criteria for removal. It found the tree provides value to the community for ‘its amenity and environmental benefits’.
11. As the Council’s decision has been taken after a tree inspection and consideration of its policy, we will not investigate. This is because we are unlikely to find indication of fault.

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Final decision

12. We will not investigate Ms X’s complaint because we are unlikely to find fault.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman