Summary: We will not investigate this complaint about a tree preservation order as the complaint is made late and there are not good reasons to investigate now. The complaint that the Council has not since considered whether the order should be varied has not yet been made to the Council and should be done so before we would assess it.

The complaint

1. Mr X complains the Council failed to follow the correct procedure prior to it confirming a tree preservation order (TPO), on land he has an interest in, in February 2024. Mr X also complains the Council failed to carry out a survey of the land, with a view to deciding if the TPO should be varied, it promised to do by summer 2024. Mr X says the land cannot be used for any purpose due to the TPO.

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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 cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. The law says that, before investigating a complaint, we must normally be satisfied the Council has had an opportunity to investigate and reply Usually we expect people to have completed complaints procedures before we consider whether to investigate their complaint. This is because the Council is best placed to resolve things that have gone wrong.

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How I considered this complaint

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

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My assessment

7. The Council confirmed the TPO in February 2024. Mr X complained to the Council following this and in its complaint response of May 2024, it advised him that a full survey was still required and that one would be carried out by summer 2024.
8. Mr X complained to us in May 2025, about how the Council had made the TPO, and that it had not carried out the full survey, as promised. Mr X said he had delayed making a complaint to us to allow the Council the maximum opportunity to rectify its mistakes.
9. Mr X knew about the TPO confirmation for around 15 months before complaining to us. This complaint is therefore made late as not made to us within a year.
10. I note what Mr X says about giving the Council a chance to rectify the issue, but this does not represent a good reason for us to exercise the discretion we have to investigate a late complaint. It is reasonable to expect Mr X to have complained to us sooner and within a year of him knowing about the problem. We will not therefore investigate the Council’s actions in respect of the TPO confirmation.
11. Mr X has not complained to the Council about the alleged failure to carry out a survey by summer 2024. The law says we should generally allow a council the chance to respond to a complaint, before we become involved. Mr X should now do this should he want us to come back to us with this matter.

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Final decision

12. We will not investigate Mr X’s complaint because part is made late and part has not been made to the Council.

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Investigator's decision on behalf of the Ombudsman