Summary: We will not investigate this complaint about an overhanging tree and a broken fence. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mr X, complains that a Council owned tree blocks light from his solar panels, drops leaves and overhangs his garden. He also says the Council will not fix a broken fence. Mr X wants the Council to cut back the tree and fix the fence.

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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 and the tree policy. I also considered our Assessment Code.

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My assessment

4. Mr X asked the Council to cut back a tree near his garden. Mr X says the tree blocks light from his solar panels, drop debris and overhangs his garden. He also asked the Council to repair a fence which is rotten and blew down in the wind. Mr X says he does not own the fence.
5. A tree officer inspected the tree and found it to be healthy and in a good condition. In line with the tree policy, the Council said it would not do any work but said Mr X could arrange for the tree to be cut back to the boundary. The Council said it does not own the fence and has no duty to repair or maintain it.
6. The tree policy says the Council will not do tree work for reasons linked to leaf fall or solar panels, and that reducing the height of a tree can cause harm. The policy explains people usually have the right to cut trees back to the boundary.
7. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council’s decision not to do any tree work, but to explain that Mr X has the right to cut back the tree, reflects the policy so there is no reason to start an investigation. I appreciate Mr X would like the Council to act but we are not an appeal body and cannot intervene simply because a council makes a decision that someone disagrees with.
8. Mr X wants the Council to repair the fence. But, the Council has explained it is not responsible because it does not own it. I appreciate Mr X says he is not the owner but that is not evidence that the Council is responsible. In the absence of any evidence that the Council owns the fence, this is not a matter we could pursue. If Mr X gets evidence that the Council does own the fence, then he could present that new information to the Council and ask it to re-consider its decision.

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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