Summary: We will not investigate this complaint about the Council felling trees at a heathland site. This is because there is insufficient evidence of fault by the Council, and insufficient evidence of personal injustice.

The complaint

1. Mrs X complains that the Council has not followed its own management plan when felling trees at a heathland site which is accessible to the public.

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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, or
• any injustice is not significant enough to justify our involvement, or
• further investigation would not lead to a different outcome.

(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’s heathland Management Plan.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X said the Council carried out tree felling that was not in line with its heathland management plan, which impacted on her enjoyment when visiting the site.
7. The Council said it had followed its management plan and removed trees to help preserve the site and the wildlife. There is insufficient evidence of any fault in the Council’s decision-making processes. The Council has also explained its actions to protect different habitats sharing parts of the same site. I recognise Mrs X might disagree, but we have no power to question its decision.
8. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures.

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Final decision

9. We will not investigate this complaint. This is because there is insufficient evidence of fault by the Council, and insufficient evidence of personal injustice which would warrant further investigation.

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Investigator's decision on behalf of the Ombudsman