Summary: We will not investigate this complaint about the Council not progressing Mr X’s application for a Tree Preservation Order. This is because the Council has agreed to conduct a new assessment of the trees and this provides a suitable remedy for Mr X.

The complaint

1. Mr X complained that the Council had not progressed his application for a Tree Preservation Order (TPO) following his request his 2019. He said the lack of communication about the TPO left him with no way to protect the trees, which he feels are at risk, and this caused him stress. He wants the Council to progress his application and protect the trees.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

3. I considered the 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 applied to the Council for a TPO assessment in 2019. The Council conducted an assessment and told Mr X that it considered the trees suitable for protection. However, the Council also decided the trees were not known to be under a level of threat that required a TPO. It did not therefore proceed with the TPO at that time.
6. Mr X complained to the Council in 2025 about the lack of progress with the TPO as he was concerned about the risk to the trees due to development plans.
7. The Council told Mr X that it had already decided not to issue a TPO but that, at the time of the assessment, it was not its policy to update applicants on the outcome of TPO assessments. Mr X is unhappy with the decision and asked the Council to reconsider it, but it refused. It told Mr X it could not make a TPO now based on its assessment from 2020 as too much time has passed. It suggested instead that Mr X make a new application, which it would then review.
8. The Council’s failure to notify Mr X of the outcome of his application, in order to give him an opportunity to challenge or complain about it, is likely to amount to fault. This caused Mr X uncertainty, worry and distress.
9. To remedy the complaint, the Council has agreed to carry out a new assessment of the trees without the need for Mr X to make a new application. It will begin the assessment as soon as possible and complete the process, informing Mr X of the outcome, within three months of the date of this decision.
10. I consider the remedy agreed by the Council is suitable and that it is taking steps to address the issue at the heart of this complaint. It is therefore unlikely investigation would achieve anything more for Mr X.

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Final decision

11. We will not investigate this complaint. This is because the Council has agreed a suitable remedy for the injustice caused by its failure to notify Mr X of the outcome of his application.

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Investigator's decision on behalf of the Ombudsman