Summary: We will not investigate this complaint about how the Council handled a tree management issue. The complaint is late and there are no good reasons for us to exercise discretion to consider it now.

The complaint

1. X complained about how the Council handled a tree management issue over several years.
2. X said the lack of tree maintenance impacted the light in his property.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. X complained about the Council’s handling of a tree management issue, including the Council denying its responsibility of the tree and said it had failed to maintain the tree for at least 10 years.
8. In the Council’s complaint response, it references various communications with X and complaints he raised about this matter, dating back to 2020.
9. As outlined in paragraph 4, we cannot investigate complaints about matters which someone was aware of over 12 months ago, without good reason. Based on the information available, X was aware of this issue over 12 months ago and has not provided any good reasons as to why he did not come to us sooner. For this reason, we will not investigate.

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Final decision

10. We will not investigate X’s complaint because the complaint is late and there are no good reasons for us to exercise discretion to consider it now.

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Investigator's decision on behalf of the Ombudsman