Summary: We will not investigate this complaint about the Council’s refusal to prune back its trees. We have not seen enough evidence of fault to justify an investigation.

The complaint

1. Ms X complains the Council refuses to prune back protected trees which overhang her parent’s home. She says the trees:
• Shed branches which have nearly hit her parents.
• Provide shelter for birds which make a mess in the garden and attract vermin; and
• Drops moss onto the property roof.

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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 Ms X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X says trees on her parent’s back garden boundary which belong to the Council are dropping debris into their garden, attracting vermin and shed branches which are a danger. She wants the Council to prune the trees.
6. The trees are protected by Tree Preservation Orders. The Council’s policy states:
• Where there is a clear and foreseeable threat to the personal safety of residents or visitors, or to property, that is directly related to the condition of a tree, we act to control that risk.
• Unfounded or perceived fear of a tree or trees will not normally result in action to prune the tree.
• We will not normally prune trees to reduce the fall of leaves, seeds or fruit.
• We will not normally consider pruning or other works to control any nuisance caused by wildlife.
7. In response to Ms X’s complaint the Council confirmed it has inspected the trees on her parent’s boundary. It has ordered work to be carried out one of them this year. However, all the trees are healthy and no work other than that already ordered is required.
8. The trees are inspected every three years. Ms X would be able to submit a legal claim should her parent’s property be damaged by falling branches.
9. The Ombudsman may not question the merits of decisions which have been made in a proper manner. This means we will not intervene in disagreements about the merits of decisions.

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Final decision

10. We will not investigate Ms X’s complaint because there is not enough evidence of fault in the way it considered her request to prune back the trees overhanging her parent’s home.

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Investigator's decision on behalf of the Ombudsman