Summary: We will not investigate this complaint about the Council’s decision not to prune a tree. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mr X, wants the Council to heavily prune a tree, or replace it, because it drops debris onto his car and drive. Mr X has incurred cleaning costs which he wants the Council to pay.

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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 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 Mr X. This includes the complaint correspondence. I also considered our Assessment Code.

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My assessment

4. There is a Council owned tree outside Mr X’s home. Mr X says the tree drops debris onto his car and drive. He had to pay to have his drive cleaned and he is worried branches will fall and damage his car. He thinks he will incur further cleaning costs. Mr X wants the Council to significantly prune the tree or replace it with a smaller tree. He also wants the Council to pay his cleaning costs.
5. The Council consulted a tree officer who explained the tree is on a cyclical maintenance programme and is due to be inspected this autumn. The Council referred to its tree policy which explains under what circumstances the Council will do tree work. The Council said it does not do tree work for reasons linked to debris. The Council said Mr X could make a claim on the Council’s insurance if any damage is caused to his property.
6. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council responded appropriately by explaining it regularly inspects the tree and does work if needed as defined by the tree policy. Mr X’s specific concern is about falling debris. I have checked the policy and the Council’s decision that it will not do tree work for this reason correctly reflects the policy. The Council’s response reflects the policy so there is no reason to start an investigation.
7. We are not an appeal body and we cannot intervene simply because a council makes a decision that someone disagree with.

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Final decision

8. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman