Summary: We will not investigate Mr X’s complaint about how the Council maintains trees behind his home. This is because there is not enough evidence of fault. It would be reasonable for Mr X to pursue any property damage claims through the court.

The complaint

1. Mr X complains the Council have failed to maintain trees behind his home. He says falling debris and bird droppings are a danger to his son, who has autism. Mr X also says his property has been damaged.

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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)).
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
4.  

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How I considered this complaint

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

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My assessment

7. Mr X complained to the Council about trees attracting birds, leaf fall and debris and conkers causing a danger to his son. He also said the debris was causing blocked drains. Mr X said the Council had not maintained the trees for six years and should remove branches and maintain more regularly.
8. The Council said it had no legal duty to remove natural debris and that Mr X, as the landowner, is responsible for general maintenance. It acknowledged Mr X’s concerns about his son’s safety but said that bird fouling and falling conkers do not meet the need for urgent exceptional intervention.
9. Following Mr X’s complaint, the Council carried out a site inspection but did not identify any issues with the trees. The Council has acted in line with its policy, so we cannot question its decision even if the complainant disagrees with it.
10. Mr X says damage has been caused to his property as the debris from the trees block his drains which causes water build up and structural damage. Mr X can raise any allegations of property damage with the Council’s insurers and if this does not resolve the matter he can take the matter to court. I consider it would be reasonable for Mr X to pursue this route as the courts have the power to make decisions about liability.

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Final decision

11. We will not investigate Mr X’s complaint because there is not enough evidence of fault. It would reasonable for Mr X to pursue any property damage claims in court.

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Investigator's decision on behalf of the Ombudsman