Summary: We will not investigate this complaint about the Council’s failure to remove a tree behind Mr X’s home. This is because the complaint is made too late and we have seen no reason to exercise discretion in this matter.

The complaint

1. Mr X complains the Council refuses to remove a tree behind his property. He says the tree overhangs his property and damages his cars and the roots are starting to damage his property.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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

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

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Final decision

6. We will not investigate Mr X’s complaint because he complained to the Council in January 2024 and was aware of the problems with the tree before that. He did not complain to the Ombudsman until August 2025. The complaint is therefore late and there is no reason why he could not have contacted us much sooner.

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Investigator's decision on behalf of the Ombudsman