Summary: We will not investigate this complaint about the Council’s monitoring and response to reports of a contravention of a tree preservation order. A complaint about these matters is now late and there are no good reasons why it could not have been made to us sooner. Other parts of the complaint are premature, and it would be reasonable to allow the Council to consider them.

The complaint

1. X complained the Council had failed to properly monitor, and respond, to what he said were contraventions of a tree preservation order (TPO). X said this he is concerned about the Council’s ability to protect the affected area.

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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)
4. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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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. X said he provided evidence to the Council that there had been a breach of a TPO. He said the Council should be doing more to monitor and investigate alleged breach of TPO’s.
8. The Council responded and gave reasons for why it did not see an investigation was necessary.
9. We will not investigate X’s complaint about the Council’s actions at that point. The available evidence shows X was raising these issues with the Council in January 2024, and they did not make a complaint to us, until September 2025. This complaint is therefore late, and I have not seen any evidence of good reasons to exercise discretion to consider it now.
10. X said he now had further evidence that demonstrates his case. Noting the restrictions in our powers at paragraph four and this relates to new information, now available to the Council, it would be reasonable to allow the Council an opportunity to consider it and reply. It is then open to X to come back to us after he gets the Council’s response to this, if he remains unhappy.

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Final decision

11. We will not investigate X’s complaint because it is late and there are no good reasons to exercise discretion to consider it. Other parts of his complaint are premature.

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Investigator's decision on behalf of the Ombudsman