Summary: We will not investigate this complaint about the Council’s decision not to fell a tree. This is because there is insufficient evidence of fault by the Council and we cannot investigate the actions of the housing service.

The complaint

1. The complainant, Ms X, complains the Council will not fell a tree which squirrels use to access her loft space.

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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))
3. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)

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How I considered this complaint

4. I considered information provided by Ms X and the Council. This includes the complaint correspondence and the Council’s tree policy. I also considered our Assessment Code.

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My assessment

5. Ms X is a Council tenant. She reported that squirrels enter her loft space. Ms X believes they access the loft via an adjacent tree. The housing service completed some repairs but Ms X reports the squirrels still get in. A pest control service provided proofing advice to the housing team.
6. Ms X asked the Council’s tree service to fell the tree. During 2024 the tree team reduced the height of the tree but declined to remove it. In response to Ms X’s complaint the Council explained it does not fell trees due to wildlife issues. It also said squirrels can climb walls and pipes and removing the tree may not prevent access to the loft.
7. The Council’s tree policy says the Council will remove a tree if it is dead, dying, dangerous or causing significant structural damage.
8. I will not start an investigation because there is insufficient evidence of fault by the Council in relation to the tree. I can only comment on the actions of the tree service. I cannot investigate any action taken by the housing service because the law prevents us from investigating complaints about a council when it is acting as a landlord.
9. The Council’s decision not to remove the tree reflects the policy as there is nothing to suggest the tree is unhealthy. Ms X suggested the tree causes structural damage by allowing squirrels to gain access. However, the policy refers to significant structural damage and it is not the tree which is causing damage but the squirrels. In addition, it may be the squirrels also gain access by other means and fully completed proofing works may prevent access. Further, even if the Council removed the tree, there is no guarantee the squirrels would not find another way to access the loft.
10. I appreciate Ms X disagrees with the Council’s decision and may feel frustrated with the on-going situation. But, I have not seen any suggestion of the fault in the way the Council made its decision which is the only factor I can consider. We could not ask the Council to remove the tree when that would be contrary to the tree policy.

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Final decision

11. We will not investigate this complaint because there is insufficient evidence of fault by the Council and because we cannot investigate the actions of the housing service.

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Investigator's decision on behalf of the Ombudsman