The complaint

2. Mr X complains a council-owned tree is causing a nuisance to him by shedding debris. Mr X says he is frequently clearing the debris and is concerned about damage to his property in the future. Mr X would like the tree to be removed.
3. Mr X also complains about the lack of communication from the Council following his contact about the tree.

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The Ombudsman’s role and powers

4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

5. I considered information provided by Mr X, online maps and images and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. 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 has followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, even if someone disagrees with it.
8. Mr X says the council’s lack of communication had a detrimental impact on him. We do not investigate councils’ communications and complaint handling where we are not investigating the core issues which gave rise to the complaint.
9. The Council says it will not remove a healthy tree just because of the debris it produces. Had the Council assessed the tree sooner, therefore, officers would likely have reached the same decision.
10. In line with the law and the council’s policy, Mr X is able to use his common law right to remove overhanging branches in consultation with the Council. I also note the tree was already there when Mr X moved into his home some years ago and he contacted the Council about it almost immediately. He could have had no expectation the Council would act as he wanted, and we could not therefore hold the Council responsible for what has happened since.
11. The outcome Mr X wants from his complaint is for the Council to remove the tree. It is for officers to use their judgement, in line with their councils’ approach to tree management, to determine what works to do to trees. That is what the Council has done. We cannot overturn that decision or, therefore, achieve the outcome
    Mr X seeks.

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Final decision

12. We will not investigate Mr X’s complaint because:
• there is not enough evidence of significant personal injustice to him;
• there is not enough evidence of fault in the Council’s decision-making process regarding the tree works; and
• we cannot achieve the outcome Mr X wants, so
• an investigation is not warranted.

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Investigator's decision on behalf of the Ombudsman