Summary: We will not investigate this complaint about the Council’s decision not to trim trees close to Mrs X’s property. This is because the complaint is late and there are no good reasons to exercise discretion to investigate it now.

The complaint

1. Mrs X complained the Council failed to maintain trees which need trimming. She said if a tree fell it would cause damage to her property. She said she has been requesting the Council to manage the trees 20 years and there is a danger to life. She wants the Council to trim 10 meters off the trees.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. 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))

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How I considered this complaint

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

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My assessment

7. We will not investigate this complaint. Mrs X said she had been requesting for the trees to be managed for 20 years. We expect a person to complain to us within 12 months of being aware of a matter and Mrs X did not complain to us until 2025. Therefore, the complaint is late, and there is no good reason to exercise discretion to consider it now.
8. However, even if the complaint was not late, we would be unlikely to investigate. In its complaint response the Council said it undertook a site inspection. It said there was no evidence the trees posed a risk to life or property and explained to Mrs X why. There is not enough evidence of fault to warrant our involvement.

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Final decision

9. We will not investigate Mrs X’s complaint because the complaint is late and there is no good reason to exercise discretion to consider it now.

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Investigator's decision on behalf of the Ombudsman