Summary: We will not investigate this complaint about the Council’s decision not to prune a tree. This is because there is insufficient evidence of fault causing injustice.

The complaint

1. The complainant, Mr X, complains the Council will not prune a tree that overhangs his garden. Mr X wants the Council to prune the tree.

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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 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.

(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 Mr X and the Council. This includes the complaint correspondence and the Council’s tree policy. I also considered our Assessment Code.

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My assessment

4. There is a Council owned tree to the rear of Mr X’s garden. The branches overhang the garden and drop seeds and leaves onto his lawn and patio. Mr X says the debris causes damage and he has to pay to have the seeds and leaves removed. Mr X contacted the Council in May 2024 to ask it to cut back the branches to the boundary.
5. In response the Council said it regularly inspects the tree and last pruned it in 2019. It explained it only prunes trees when needed and does not do work for reasons linked to leaf and seed fall. The Council said Mr X has the right to cut the branches back to the boundary. An officer inspected the tree in 2024 and decided no work is needed. The Council said it would continue to monitor the tree as part of the inspection regime.
6. Mr X disagrees with the response and complains of late responses by the Council.
7. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council responded appropriately by inspecting the tree and explaining why it will not prune it. The Council correctly advised Mr X that he can cut back the branches to the boundary. I appreciate Mr X would have to pay someone to do the work, but this does not make it the responsibility of the Council.
8. The Council’s response reflects the policy so there is no reason to start an investigation. We do not act as an appeal body and we cannot intervene simply because a council makes a decision that someone disagrees with.
9. There were delays by the Council in responding to Mr X. But, it apologised and provided an explanation for the delay. This does not represent a degree of injustice which requires an investigation.

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Final decision

10. We will not investigate this complaint because there is insufficient evidence of fault causing injustice.

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Investigator's decision on behalf of the Ombudsman