Wigan Metropolitan Borough Council (25 017 843)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 30 Mar 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s alleged failure to cut back the overgrown trees near Mr X’s property. This is because the complaint is late and there are no good reasons for this.
The complaint
- Mr X complained about the Council’s alleged failure to cut back the overgrown trees near his property. Mr X said this has impacted his mental health, caused inconvenience, risk of injury and damage to his car.
The Ombudsman’s role and powers
- 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)
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 says issues relating to overgrown trees by his property have been present since 2021, when he moved in. He reported the trees to the Council in 2023, and it pruned them in December 2023. He made a further report to the Council. It inspected the trees in August 2024 and decided no action was necessary.
- Mr X complained to the Council in February 2025 and complained to us in November 2025. He says there was a delay in him receiving the Council’s stage one complaint response. However, it would have been reasonable for him to submit a formal complaint to the Council in early 2024, when he was dissatisfied with the extent of the pruning it had carried out. He could then have escalated the matter to us by the end of 2024.
- We will not investigate this complaint as Mr X was aware of the issues more than 12 months before he complained to us. The complaint is therefore late and there are no good reasons for this.
Final decision
- We will not investigate Mr X’s complaint because it is late and there are no good reasons for this.
Investigator's decision on behalf of the Ombudsman