Birmingham City Council (25 013 810)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 12 Feb 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s maintenance of a tree. There is no worthwhile outcome achievable by our involvement.
The complaint
- Mr X complained the Council did not properly maintain a tree close to his home. Mr X also said the Council did not handle his complaint properly.
- Mr X fears that falling branches may injure his family or damage his property.
The Ombudsman’s role and powers
- 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 no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X asked the Council to review a tree close to his home at the start of September 2024.
- Mr X was dissatisfied with the review outcome so he complained to the Council later in September 2024.
- The Council said it had no concerns about the condition of the tree. It said it assesses all trees every three to five years.
- It also told Mr X if branches are overhanging into his land, he can prune them.
- The Council reviewed the tree again in November 2024, and it maintained its decision the tree did not require any works.
- The Ombudsman cannot tell the Council it should prune the tree. Its explanation about its decision appears reasonable and therefore I consider there is no worthwhile outcome achievable by us investigating Mr X’s complaint.
- Finally, as we will not investigate the substantive matters of the complaint, we will not investigate the Council’s handling of the complaint because it is not proportionate to do so.
Final decision
- We will not investigate Mr X’s complaint because there is no worthwhile outcome achievable by our involvement.
Investigator's decision on behalf of the Ombudsman