Summary: We will not investigate Ms X’s complaint about tree works in a conservation area because there is not enough evidence of fault. We will not investigate Ms X’s complaint about the Council’s communication because further investigation would not lead to a different outcome.

The complaint

1. Ms X complains about how the Council handled planning applications for tree works, enforcement action and Tree Preservation Orders. She also complains about poor communication and complaint handling.

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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 we could not add to any previous investigation by the organisation (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 the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X complains about how the Council carried out tree works in a conservation area. Ms X complained more trees were removed than stipulated in the planning permission. The Council agreed. It carried out a site visit and made a plan to replace the trees. It also objected to further proposed works.
6. Ms X said other trees should have Tree Preservation Orders. The Council carried out inspections and said that due to the poor condition of some trees, Tree Preservation Orders were not appropriate. It did apply for Tree Preservation Orders for others.
7. We look at the process a council followed to make its decision. If the Council followed its process correctly, we cannot question that decision even if a complainant disagrees with the decision made. I see no evidence of fault in how the Council reached its decisions about the tree works.
8. The Council did not provide timely updates to Ms X. It has apologised and has taken steps to improve its service. It is unlikely that an investigation by the Ombudsman would lead to a different outcome.
9. Ms X also complains about complaint handling. It is not a good use of public resources to investigate complaints about complaint handling when we are not investigating the substantive matter.

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Final decision

10. We will not investigate Ms X’s complaint because there is not enough evidence of fault. We cannot add to the Council’s investigation about poor communication.

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Investigator's decision on behalf of the Ombudsman