Summary: We will not investigate Mr X’s complaint about the Council’s decision to plant a tree near his property, and its handling of the matter. This is because there is not enough evidence of fault to justify investigating.

The complaint

1. Mr X complains the Council planted a tree too close to his property restricting rear access to his garden. He is concerned the tree will block light and damage his property in the future, so he wants the Council to remove it.
2. Mr X says the Council neither carried out a prior consultation before planting nor arranged a visit to find a suitable solution.

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The Ombudsman’s role and powers

3. 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))
4. 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

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council publishes a policy on tree planting which says it will do so in line with British Standards. It has no duty to consult or carry out a visit.
8. The Council explained to Mr X how its decision was in line with British Standards. It said a qualified tree officer assessed the location and did not consider it inappropriate. It also considered evidence Mr X provided however noted organisations such as gardening charities and building control were not qualified to make decisions on tree planting.
9. The Council told Mr X that the type of tree planted was of a small variety. And that it is unlikely it would encroach on his property when mature. It provided Mr X with advice about trimming any overhang and reporting any future concerns.
10. I will not investigate Mr X’s complaint because there is not enough evidence of fault in the Council’s decision making. It explained its decision to plant in the said location clearly. It considered information Mr X provided and concluded it did not need to reassess its decision. I appreciate Mr X is unhappy but there is not enough evidence of fault in the Council’s decision making and so I cannot question the merits of its decision.

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Final decision

11. We will not investigate Mr X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman