Summary: We will not investigate this complaint about the maintenance of Council owned trees. This is because we are unlikely to find fault in the Council’s decision.

The complaint

1. Mr X complains the Council failed to assess the trees properly at his property boundary. Mr X is concerned the trees could potentially fall and cause serious injury and damage to his property. Mr X says this has caused him and his wife stress and sleepless nights. Mr X wants the Council to complete a formal risk assessment and mitigate against any identified hazards.

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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. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), 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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My assessment

6. Mr X complained to the Council about the growth and height of the trees located at his property boundary. He was concerned the trees or branches may fall causing serious injury or damage to his property.
7. The Council carried out an assessment of the trees in response to Mr X’s complaint and established there were no issues of concern as the trees were in healthy condition with no hazards.
8. The Council told Mr X it would continue to monitor the trees in line with the maintenance schedule, and it would act on any reports of changes to the trees condition. It also explained why it would not complete a risk assessment for the trees.
9. I am satisfied the Council properly considered and assessed Mr X’s concerns before deciding it did not need to take any further action in relation to the trees. Therefore, we are unlikely to find fault in the Council’s decision.

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Final decision

10. We will not investigate Mr X’s complaint because we are unlikely to find fault in the Council’s decision.

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Investigator's decision on behalf of the Ombudsman