Summary: We will not investigate this complaint about the Council’s refusal to allow tree works on protected trees. This is because it was reasonable to expect Mr X to appeal to a government minister. Part of the complaint is also late, and there are no good reasons to investigate it now. We will not separately investigate Mr X’s complaint about a Council officer, as the law prevents us from considering this.

The complaint

1. Mr X complains about the Council’s refusal to allow works to protected trees.
2. Mr X also complains the Council has not dealt properly with the conduct of the Council officer who made the decision.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. The law says we cannot normally investigate a complaint when someone can appeal to a government minister. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(b), as amended)
5. The Planning Inspectorate acts on behalf of the responsible Government minister. The Planning Inspectorate considers appeals about decisions to refuse permission for works to protected trees.
6. 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)
7. We cannot investigate a complaint if it is about a personnel issue. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended)

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How I considered this complaint

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

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My assessment

10. Mr X applied to the Council to carry out works to trees. The Council refused his application.
11. Mr X could have appealed to the Planning Inspector. The Planning Inspector decides independently of the Council whether to allow tree works. That appeal right has now expired.
12. The law expressly provides this route to resolve such matters, so we normally expect people to use it. The Council told Mr X about his appeal right when it refused his application, so Mr X knew about this right. The Planning Inspectorate has the expertise to decide such matters and the power to make a binding decision, including overturning the Council’s decision if it sees fit. We will not investigate because it was reasonable to expect Mr X to use his right of appeal.
13. Part of the complaint is also late, as Mr X also refers to tree works the Council refused to let him do over the past 17 years. The restriction in paragraph 6 applies here. I do not consider there is a good reason to investigate matters Mr X knew about more than 12 months before he complained to us.
14. Mr X also complains about the conduct of the Council officer who made the decision. He says this caused unfairness to his family. Mr X says the Council is corrupt for supporting the officer and excusing the officer’s behaviour. This part of the complaint relates to the Council’s role as an employer. As paragraph 7 explained, the law prevents us considering this.

Final decision

15. We will not investigate Mr X’s complaint because it is reasonable to expect him to have appealed to the Planning Inspector. Part of the complaint is also late. It refers to issues that happened more than 12 months ago, and I do not consider there is a good reason why he could not have complained sooner. We cannot consider the Council’s handling of Mr X’s concerns about a Council officer.

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Investigator's decision on behalf of the Ombudsman