Summary: We will not investigate this complaint that the Council has refused to prune trees near to Mr and Mrs X’s property as there is insufficient evidence of fault by the Council.

The complaint

1. Mr and Mrs X complain the Council has refused to cut back two large trees near to their property. Mr and Mrs X complain the volume of leaves that fall from the trees into their property creates a hazard.

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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 or continue 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 the complainant, and the Council’s tree management policy.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In its complaint response to Mr and Mrs X, the Council explained that falling leaves do not constitute a statutory nuisance and so its policy is to not cut back trees to reduce the effect of falling leaves.
6. The Council is entitled to formulate its own tree policy and while I recognise Mr and Mrs X are disappointed by the Council's response, there is insufficient evidence of fault by it to justify our further action. We will not therefore investigate.

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Final decision

7. We will not investigate Mr and Mrs X’s complaint because there is insufficient evidence of fault by the Council to justify our further involvement.

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Investigator's decision on behalf of the Ombudsman