Summary: We will not investigate Mr Z’s complaint about the Council’s decision to not take further action on a tree outside his home. This is because there is not enough evidence of fault to justify investigation.

The complaint

1. Mr Z complains the Council has not done enough to address his concerns about a tree outside his home. He says the tree is a safety hazard and it makes his health conditions worse. He wants the Council to remove or prune the tree, or increase targeted cleaning in the area.

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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 or continue 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))
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by the complainant, and the Ombudsman’s Assessment Code.

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My assessment

5. Mr Z complains a Council owned tree outside his home drops leaves on his property, which are a slip hazard. He also says animal waste around the tree worsens his health conditions and frequently gets on his car. Mr Z wants the Council to remove or prune the tree, or do more to address the problems it causes, such as provide additional cleaning services.
6. In its complaint response, the Council said its tree officer visited the site following Mr Z’s enquiry earlier in the year. The Council explained the tree is on a cyclical survey programme and the last survey in 2024 found the tree was in good health. The Council referred to its tree policy which explains under what circumstances it will do tree work. It said Mr Z’s concerns are not actionable under its tree policy.
7. The Council also said it provides weekly cleaning services for the area and will schedule leaves to be cleared in the autumn. It said it requested its cleaning team check the tree area during scheduled cleaning and explained how Mr Z can report any further issues using a Council online app.
8. We will not investigate this complaint. While I acknowledge the impact Mr Z says the tree has had on his health, the Council’s response explains its decision not to carry out works on the tree and this reflects its policy. The Council also explained its actions to address Mr Z’s related cleaning concerns, and how Mr Z can raise further issues. This is an appropriate response. There is not enough evidence of fault by the Council to justify investigation.

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Final decision

9. We will not investigate Mr Z’s complaint because there is not enough evidence of fault to justify investigation.

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Investigator's decision on behalf of the Ombudsman