Three Rivers District Council (25 009 652)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 21 Nov 2025
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint that the Council has refused to cut back trees. This is because there is insufficient evidence of fault.
The complaint
- Mr X complains that the Council has refused to cut back trees that overhang into his garden, blocking light and dropping debris.
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 not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
- 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council inspected the trees near Mr X’s home. It concluded that the level of overhang was not to an extent to warrant work. The Council advised Mr X that he had the right to cut back any overhang to the boundary.
- I will not investigate Mr X’s complaint. The Council responded appropriately by inspecting the trees, explaining why it would not carry out any work and advising Mr X that he could cut them back.
- I appreciate Mr X would like the Council to remove the tree but the Council’s actions are consistent with its tree policy so there is no reason for us to start an investigation. We do not act as an appeal body, and we cannot intervene simply because a council makes a decision that someone disagrees with.
Final decision
- We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman