Summary: We will not investigate this complaint about the Council’s failure to maintain a tree behind Miss X’s home and that it kept inaccurate records. We have not seen enough evidence of fault in the Council’s actions to justify an investigation.

The complaint

1. Miss X complains the Council failed to maintain the trees behind her home for many years. She also complains the Council’s records are wrong.

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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))

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How I considered this complaint

3. I considered information provided by Miss X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In response to Miss X’s complaint, the Council confirms it has checked its records which show the tree behind her home was inspected several times over the last few years. It also says work was done to the tree in 2011 and again in 2021. It also says it received:
• A complaint from Miss X in 2023 in which she disputed the outcome of an inspection in 2023 from a third party; and
• An enquiry from a third party in 2023 questioning why the crown of the tree had been raised.
6. The Council says it inspected the tree in 2025 and has no concerns.
7. I recognise Miss X says she and her neighbours will confirm no work has been done to the tree for many years. However, the Council says its records show inspections and the complaint and enquiry it received support this.
8. Miss X also has concerns that the tree may damage her property. If this occurs she can make a claim on the Council’s insurance.

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Final decision

9. We will not investigate Miss X’s complaint because there is not enough evidence of fault in the Council’s actions to justify an investigation.

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Investigator's decision on behalf of the Ombudsman