Northumberland County Council (25 000 413)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 27 Jun 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision not to prune a tree close to the complainant’s property. There is insufficient evidence of fault on the Council’s part to warrant investigation.
The complaint
- The complainant, Miss X, complains that the Council is at fault in declining to prune a tree close to her property.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X has asked the Council to prune a tree on its land. She says the tree overhangs her property and blocks light to her garden. Her complaint concerns the Council’s response to her request.
- The Council says works to the tree are a low priority and it does not have the resources to carry out pruning. Miss X regards this position as unreasonable. In her view, the matter presents a serious safety concern warranting immediate attention.
- It is not for the Ombudsman to express a view on whether the tree should be pruned. That is for the Council. Miss X disagrees with the Council’s view but that does not mean it amounts to fault. The Council is entitled to prioritise how it uses its resources and there is no evidence of fault in the way it has done so here. That being the case, the Ombudsman cannot criticise the Council’s position or intervene to substitute an alternative view.
Final decision
- We will not investigate Miss X’s complaint because there is insufficient evidence of fault on the Council’s part.
Investigator's decision on behalf of the Ombudsman