Summary: We will not investigate this complaint about the Council’s refusal to remove a tree from the verge outside Mrs Y’s home. There is not enough evidence of fault to warrant an investigation. We cannot decide if the Council is liable for damage to Mrs Y’s property. This is a matter for the Council’s insurer or the courts.

The complaint

1. Mrs X complains for her mother Mrs Y. She complains the Council refuses to remove a tree growing on the verge outside Mrs Y’s home. Mrs X says:
• the tree affects daylight
• leaves and branches are a health and safety risk for her elderly parents
• sap is damaging cars; and
• roots are damaging Mrs Y’s property.

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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, or
• there is another body better placed to consider this complaint.
• it would be reasonable for the person to ask for a council review or appeal; or
• there is no worthwhile outcome achievable by our investigation.

(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)
4. 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)

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How I considered this complaint

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

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My assessment

7. In its complaint response, the Council confirmed it inspected the tree in 2025 and 2026. It says the tree appeared healthy and was not causing a safety issue.
8. The Council’s published policy on Council owned trees says it:
• Will not normally remove or prune a Council owned tree to mitigate shade.
• Will not normally remove or prune a Council owned tree because of fallen leaves/fruit/pollen/bird droppings/sap or blossom.
9. We will not investigate this as there is not enough evidence of fault. The Council’s position appears in line with its published policy. We have not seen enough evidence of fault to warrant an investigation.
10. We will also not investigate Mrs X’s complaint about alleged damage to Mrs Y’s property. We cannot decide whether a Council is liable for any damage and whether it should pay Mrs Y compensation. This is better considered by the Council’s insurers and, if necessary, the courts. The Council has appropriately advised Mrs X of Mrs Y’s right make a claim on its insurance policy if the tree has damaged her property. If Mrs X considers the tree has caused damage to Mrs Y’s property, and that the Council is liable, it is open to her to submit a claim to the Council’s insurers. If she is dissatisfied with the outcome, it is reasonable for her to take the matter to court.

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Final decision

11. We will not investigate Mrs X’s complaint. We have not seen enough evidence of fault. If she considers the Council liable for damage to Mrs Y’s property, it is open to her to submit a claim to the Council’s insurers and if necessary, go to court.

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Investigator's decision on behalf of the Ombudsman