Summary: We will not investigate this complaint about the Council’s decision not to carry out tree works. There is not enough evidence of fault in the Council’s decision-making process to warrant an investigation.

The complaint

1. Mr X complains the Council has refused to remove a tree near his property, which he says has resulted in large amounts of bird droppings and tree sap falling onto his property and his car.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

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

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My assessment

5. Mr X says a large tree outside his property causes nuisance and the bird mess and sap present a risk to the safety of family members. He has asked the Council to remove the tree but the Council refused.
6. In response to Mr X’s concerns about the tree, the Council has said it is in good condition and there is no reason to remove it. Officers surveyed the tree in 2024 and found it to be in good health. They considered his concerns under the Council’s adopted tree policy, which says:
• a tree will not be felled without good reason.
• the Council does not remove trees to reduce or remove bird droppings or sap.

7. The Council concluded there were no grounds to remove the tree under its policy and approach to tree maintenance. Mr X is unhappy with this decision and says the Council has removed most of the other trees on the street and should remove this tree too. He says branches are encroaching onto his property and other trees on the street have caused damage to his neighbours’ property.
8. But we are not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. The Council’s process in deciding not to remove the tree involved assessing the tree’s health and condition and applying its policy. There is not enough evidence of fault in how the Council made its decision to warrant an investigation. We realise Mr X disagrees with the decision, but this itself is not evidence of fault.

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Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence of fault in the Council’s decision-making process.

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Investigator's decision on behalf of the Ombudsman