Summary: We will not investigate this complaint about the Council’s decision not to take action to remove a tree belonging to the complainant’s neighbour. We have not seen evidence of fault in the Council’s actions.

The complaint

1. Miss X complains the Council refuses to require her neighbour to cut down their tree which overhangs her garden.

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

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My assessment

5. Miss X complains about a tree which is in her neighbour’s private garden. The Council has confirmed it has inspected the tree and the neighbour removed a branch. It is satisfied no further action is necessary.
6. I understand Miss X disagrees and believes the tree would cause damage to people or property if it fell. However, the Council has inspected the tree and considers no further action is necessary.
7. I also understand Miss X is unhappy she must clear up the leaf litter and debris in her garden which fall from the tree. However, any nuisance caused by the tree is a civil matter for Miss X to resolve privately with her neighbour.

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Final decision

8. We will not investigate Miss X’s complaint because we have not seen sufficient evidence of fault in the Council’s actions.

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Investigator's decision on behalf of the Ombudsman