Summary: We will not investigate this complaint about the Council’s refusal to carry out work to trees outside of Mrs X’s home. This is because there is insufficient evidence of fault.

The complaint

1. Miss Z complains on behalf of her mother Mrs X. She says the Council are refusing to either carry out work or remove two trees outside of Mrs X’s home. She says the trees are blocking light and heat to Mrs X’s property and leaves falling on the ground increase the risk of Mrs X falling.

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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))
3. 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

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. There are two Council owned trees outside of Mrs X’s home. Miss Z says they block light and that leaves falling from the trees increase her risk of falling. Miss Z therefore asked the Council to either carry out work to the trees or remove them.
7. The Council’s tree officer inspected the trees and concluded that they were in good condition and therefor there were no grounds to remove them or carry out any work to them. The tree officer took measurements and concluded that the trees were far enough away from Mrs X’s home that they would not cause a significant barrier to light or heat. The Council contacted the Parish Council and asked to add Mrs X’s Road to its leaf clearing schedule.
8. I will not start an investigation because there is insufficient evidence of fault. The Council responded appropriately by inspecting the trees and explaining why it would not remove them or do any work. The Council’s policy says it will not undertake work if issues relate to leaf fall or loss of light. The Council’s decision reflects the policy and it is not fault for a council to follow the findings of qualified tree officers. In addition, we do not act as an appeal body and we cannot ask the Council to do something when that would be contrary to the tree policy and the judgement of tree officers

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Final decision

9. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman