Summary: We will not investigate this complaint about the Council refusing to prune overgrown trees on the boundary of Miss X’s home. This is because there is insufficient evidence of fault.

The complaint

1. Miss X complains the trees owned by the Council are blocking sunlight and this is causing mildew and bird mess on the path to the house. Miss X says the trees are causing damage to the roof tiles and gutters. Miss X says the trees are very overgrown and need to be pruned.

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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 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)).

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X says the large overhanging tree owned by the Council is blocking light and causing excess bird mess in her garden and on the path she uses to access her home. She asked the Council to come out and prune the tree to prevent the bird mess.
6. The Council said it inspects trees once every three years. It had already made an additional visit to inspect the tree. It said additional tree work was not needed. The Councils’ Tree Strategy says it will not prune for light or bird mess issues. It said Miss X can carry out tree work in her own garden and told her this was a condition of her tenancy agreement.
7. The Council told Miss X how to make a claim for damage to the property caused by the tree. Where a Council owned tree has caused damage or will cause damage to property we would consider it reasonable for Miss X to take legal action.
8. The Ombudsman is not an appeal body. We look at the process a council followed to make its decision. If the Council followed its process correctly, we cannot question that decision even if a complainant disagrees with the decision made. I see no evidence of fault in how the Council reached its decision not to prune the tree and the decision was made in line with its policy.

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Final decision

9. We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman