Summary: We will not investigate this complaint about tree maintenance. This is because the complaint is late.

The complaint

1. Mr X complains the Council have failed to maintain trees they own.

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The Ombudsman’s role and powers

2. 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)
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 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

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

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My assessment

6. The Council own several trees located near Mr X’s property. Many of the branches overhang his property affecting the amenity of his garden.
7. Mr X complains the Council have failed to maintain the trees.
8. We normally expect people to complain to us within twelve months of them becoming aware of a problem. Mr X made a formal complaint to the Council in 2023 but 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.
9. Even if we were to exercise discretion to consider the late complaint, we would not investigate. This is because the Council’s policy says they will usually agree to remove trees or branches that are a serious risk, but they won’t usually prune trees for issues like a small loss of light or shade, Bird droppings, honeydew, or similar problems.
10. The Council inspected the trees and found they do not pose a serious risk and do not require works. Therefore, I am unlikely to find fault with the Council’s decision not to cut back the trees.

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Final decision

11. We will not investigate Mr X’s complaint because the complaint is late and there are no good reasons to exercise discretion to consider the late complaint.

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Investigator's decision on behalf of the Ombudsman