Summary: We will not investigate this complaint about the Council’s actions in relation to trees outside Mr X’s property. This is because we are unlikely to find fault. It would be reasonable for the complainant to pursue any claim for property damage in court.

The complaint

1. Mr X complains the Council has not maintained a tree that is overhanging onto his property. Mr X says this has caused damage to his property, made him fearful of going into his garden and is causing security problems. Mr X wants the Council to prune the tree.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
4. 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))
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)

Back to top

How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. Mr X says a tree outside his property is overhanging close to his house. He says it has damaged a window and he is worried that a falling branch might injure him. Mr X also says the tree is blocking light to his home and is a security issue after he had something stolen from his driveway.
9. Mr X complains that he has reported the tree to the Council several times. He says the Council agreed the tree needs to be pruned. Mr X says the Council has not completed the pruning even though it said it would.
10. The Council says it has inspected the tree in October 2024, March 2025, July 2025 and September 2025. It said the tree was not damaged or weakened.
11. It confirmed that pruning work to three trees outside Mr X’s home has now been completed.
12. I am satisfied that the Council has inspected the tree in line with its policy. The Council’s policy also says it will not prune a tree outside of its maintenance schedule to improve light to a property. The Council was entitled to use its professional judgment to decide if the necessary work has been completed. It is therefore unlikely we would find fault with the Council.
13. Mr X says the tree is causing damage to his property. But the Ombudsman cannot decide liability in complaints about property damage. Mr X can raise his property damage claim with the Council’s insurers and if this does not resolve the matter, he can make a claim through the courts. I consider it would be reasonable for Mr X to pursue the matter through the courts as the courts have the relevant experience and standing to make liability decisions which are legally binding.

Back to top

Final decision

14. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council. It would be reasonable for Mr X to pursue any claim for property damage in court.

Back to top

Investigator's decision on behalf of the Ombudsman