Cheshire East Council (25 007 877)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 05 Nov 2025
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about the Council invoicing him for removal of his tree that fell across the road. This is because the courts are better placed to decide on Mr X’s liability.
The complaint
- Mr X complains the Council has invoiced him for removal of a fallen tree he owned. He says that as the tree fall was unforeseeable, and the Council took three months to notify him of its removal, he should not have to pay.
The Ombudsman’s role and powers
- 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 another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- A tree owned by Mr X fell across the road during a storm. The Council decided it was a risk to public safety and should be removed immediately. It removed the tree and later invoiced Mr X for the costs of removal.
- By law, a council can remove a tree without prior notice to the landowner where it causes an immediate risk to public safety. A council can also recover costs from the landowner unless the owner can prove they took reasonable care to secure the tree so that it did not cause or contribute to the obstruction.
- Mr X says the tree fell due to an act of God and he did not have chance to gather evidence in support due to the Council’s delay in notifying him.
- Only the courts can decide on whether Mr X took reasonable care to secure the tree and so whether he should be liable to pay the costs of removal. The courts are better placed to resolve this dispute and so I will not investigate. Mr X may raise his arguments to the court should the Council take legal action to recover the costs.
Final decision
- We will not investigate Mr X’s complaint because the courts are better placed.
Investigator's decision on behalf of the Ombudsman