Summary: We will not investigate Mrs X’s complaint that her property has been damaged by a Council-owned tree. This is because it is too late for us to investigate what happened more than 12 months before Mrs X brought her complaint to our attention. There is also not enough evidence of fault in the Council’s handling of this issue in the last 12 months.

The complaint

1. Mrs X complained that the Council failed to maintain a council‑owned tree, causing blocked gutters, water damage, and damp problems. She said the Council responded slowly, carried out minimal works, denied liability, leaving her with financial loss, tenant safety concerns, and significant stress.

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The Ombudsman’s role and powers

2. 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)
3. 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, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. Mrs X first reported concerns to the Council about the tree in 2020. She said falling leaves and branches blocked roof outlets and caused standing water, damp, and mould.
7. In January 2023, Mrs X paid £650 a contractor to clear leaf debris from her roof, who warned the problem would persist unless the Council cut back or removed the tree. Mrs X complained to the Council again in October 2024 about the lack of pruning.
8. The Council said it inspected the tree in December 2023, pruned it in April and May 2024, and cleared roof outlets in October 2024. After further inspections in January 2025 decided no more work was needed. The Council said further cutting would damage the tree and gutter maintenance is the leaseholder’s responsibility. The Council did not uphold Mrs X’s complaint about the tree but offered her a small remedy payment for its delay in responding to her complaint. The Council also advised her to pursue any damage claims through its formal process.
9. We usually expect people to complain to us within 12 months of the events they are complaining about. Any issues Mrs X continued to have about the Council’s handling that occurred more than 12 months prior to her bringing her complaint to us are now late. I have seen no evidence to suggest Mrs X could not have brought her concerns to our attention sooner, so I will not exercise discretion to investigate anything the Council did more than 12 months prior to Mrs X’s complaint to us in October 2025.
10. In addition, the Council inspected the tree, carried out planned pruning in line with its policy, and explained why it would not carry out further works. Decisions about the extent of tree pruning involve professional judgement. We do not act as an appeal body for properly made decisions and cannot find fault simply because Mrs X disagrees with the Council’s judgement.
11. We cannot determine whether the Council is legally liable for damage or whether it should pay compensation, as only a court can decide these matters. Deciding on whether a council has been negligent or caused damage involves looking rigorously, and in a structured way, at evidence as only the court or insurers can to make a finding. If Mrs X seeks reimbursement for property damage and related costs, she should pursue this through the Council’s insurers or the courts, where issues of damage and liability are properly considered.
12. We will not investigate this complaint because some of it is late and there is insufficient evidence of fault by the Council.

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Final decision

13. We will not investigate Mrs X’s complaint because it is too late for us to investigate what happened more than 12 months before she brought her complaint to our attention. There is also not enough evidence of fault in the Council’s handling of this issue in the last 12 months.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman