Medway Council (25 002 669)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 27 Jul 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about tree maintenance. This is because the complaint is late.
The complaint
- Mrs X complains the Council have not cut back some trees, which are subject to tree preservation orders, which overhang her property.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered the information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council own several trees located near Mrs X’s property which are subject to tree preservation orders. The trees are over 10m tall and many of the branches overhang her property affecting the amenity of her garden.
- Mrs X complains that she contacted the Council in 2019 to request the trees were cut back and reduced but this has still not happened.
- The Council say they are not required to carry out cutbacks from property boundaries in instances where there is no health and safety risk or damage caused. In 2023, the trees were formally inspected and were deemed not to require works.
- Mrs X first contacted the Council about these matters in 2019. We normally expect people to complain to us within twelve months of them becoming aware of a problem. Mrs X did not complain to the Ombudsman until 2025. We look at each complaint individually, and on its merits, considering the circumstances of each case. But we do not exercise discretion to accept a late complaint unless there are good reasons to do so. I have considered whether to exercise our discretion to investigate the complaint, but I have seen no good reasons to do so.
Final decision
- We will not investigate Mrs X’s complaint because the complaint has been made to us late and it was reasonable for Mrs X to have complained sooner.
Investigator's decision on behalf of the Ombudsman