Summary: We will not investigate this complaint about the Council’s decision to refuse to carry out works to trees near the complainant’s property. There is insufficient evidence of fault on the Council’s part to warrant investigation.

The complaint

1. The complainant, Mrs X, complains that the Council is at fault in refusing to prune or remove trees overhanging her property.

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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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

5. Mrs X says large trees on private land overhang her property. She says they cause nuisance and falling cones present a risk to the safety of family members. She has asked the Council to prune the trees or remove them entirely.
6. In response the Council has set out that, in its view, the trees provide considerable amenity value and pruning them to the extent Mrs X wants would damage their health. The Council does not therefore support the works Mrs X has asked for. Mrs X believes this response prioritises the health of the trees over the health of her family members.
7. It is not for the Ombudsman to express a view on whether works should be done to the trees. That is for the Council. The Council’s complaint response properly sets out the reasons for its decision. The conclusions are clear and defensible and there is no evidence of fault in the way the decision was made. Without evidence of fault in the way the Council made its decision the Ombudsman cannot criticise its merits or intervene to substitute an alternative view.
8. The trees are protected by a Tree Protection Order, and the Inspector refused Mrs X’s previous application for works. The Council is entitled to take the Inspector’s decision into account. Mrs X’s recourse would be to make a new application and, if the application is refused, refer the new decision to the Inspector. There is no role for the Ombudsman.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman