North Yorkshire Council (25 003 784)

Category : Environment and regulation > Trees

Decision : Closed after initial enquiries

Decision date : 25 Nov 2025

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s decision to remove a tree. This is because the Council has already provided a satisfactory remedy and there are no wider public interest issues that justify investigating.

The complaint

  1. Miss X complained in 2022, Authority A, agreed to take down a diseased tree near her property but had not done so years later. Miss X states that this has caused her distress and anxiety.

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The Ombudsman’s role and powers

  1. 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)
  2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start an investigation if we are satisfied with the actions the Council has taken. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. In 2022, Miss X reported a diseased tree near her property. And during the subsequent complaint procedure, Authority A to remove it. By December 2024, the work had still not been done, so Miss X complained to the Council, who had now assumed responsibility for Authority A’s administrative functions.
  2. In July 2025, the Council said it was trying to locate the original complaint documents, which had delayed its response. It apologised and confirmed a review would be completed by the end of September 2025.
  3. In November 2025, the Council apologised for the further delay and told Miss X it decided to remove the tree. A site inspection occurred in late November, and works are now scheduled to be carried out.
  4. We will not investigate a complaint about any actions before mid-2024, because any complaint about matters before then are late, and there is no good reason to consider them.
  5. Nor will we investigate Miss X’s subsequent complaint. We asked the Council how it would respond in our consideration of the issue and we are satisfied it has taken steps to remedy Miss X’s injustice.

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Final decision

  1. We will not investigate Miss X’s complaint because the Council has provided a satisfactory remedy and there are no wider public interest issues remaining that would justify investigating.

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Investigator's decision on behalf of the Ombudsman

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