Summary: We will not investigate Ms X’s complaint about the Council not carrying out work on trees which are damaging her property. This is because there is not enough evidence of fault by the Council to warrant an investigation.

The complaint

1. Ms X complained the Council charged her to carry out work on trees adjacent to her property which are causing damage and has failed to complete any work. She said it has caused her distress. She is also not able to enjoy her garden. She wants the Council to carry out the work on the trees.

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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))

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How I considered this complaint

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

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My assessment

5. Ms X said there are two trees which are adjacent to her property. One tree is hanging over Ms X’s property and the other tree has fallen and is growing towards her property. Ms X said both trees are causing damage to her property. Ms X said she has raised her concerns with the Council and also paid £165 to submit an application to the Council to carry out work on one of the trees however, the Council has not carried out any work.
6. The Council responded to Ms X’s concerns and said:
• it does not own the land adjacent to the property and so is not the owner of the tree. It advised Ms X to search for the land owner via the Land Registry website and then contact the owner to seek consent to carry out any work on the tree; and
• the other tree adjacent to Ms X’s property is protected under a Tree Preservation Order. The Council advised Ms X to submit an application to its planning department for any work to be undertaken on the tree. The Council told Ms X it does not charge for someone to submit an application and has never charged her before.
7. We will not investigate Ms X’s complaint. This is because there is not enough evidence of fault by the Council to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman