Summary: We will not investigate this complaint that the Council will not cut back an overhanging tree as it is unlikely we will find fault by the Council. We will not investigate the complaint about damage as this is a matter for the courts.

The complaint

1. Mr X complains the Council will not cut back a large tree which he says significantly overhangs his garden and which has caused damage to property in his garden when a branch fell from it.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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))
4. We consider whether there was fault in the way an organisation made its decision. 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)
5. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The Council has explained to Mr X, with reference to its tree policy, why it will not prune back the tree. I recognise that Mr X is unhappy with the Council's stance on this, but it is entitled to take this position. It is unlikely we will find fault with it and so we will not investigate.
9. We cannot determine damage claims as such matters can only be decided in court. There is a relatively simple, low-cost procedure open to anyone to make a money claim in court and it is reasonable to expect Mr X to take such action, directly or via his insurers, for the compensation he seeks.
10. For these reasons, we will not investigate.

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Final decision

11. We will not investigate Mr X’s complaint because it is unlikely we will find fault by the Council and any claim for damage is a matter for the courts.

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Investigator's decision on behalf of the Ombudsman