Summary: We will not investigate Mr X’s complaint about the Council’s handling of his concerns about a tree near his home. There is not enough evidence of fault in the Council’s decision making to justify our involvement.

The complaint

1. Mr X complains the Council has dismissed his concerns about a tree near his home and the damage it had caused to his property. Mr X wants the Council to agree to allow professional works to reduce the size of the tree’s canopy.

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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 the complainant and the Ombudsman’s Assessment Code.

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My assessment

5. In response to Mr X’s complaint, the Council confirmed it had obtained two expert assessments of the tree outside Mr X’s home. The assessments confirmed there were no issues of concern as the tree is healthy and no works are needed. The Council advised Mr X he was entitled to trim any overhanging vegetation to his property boundary, provided this did not cause damage or death of the tree. The Council also invited Mr X to seek a variation in planning conditions for protection of the tree.
6. 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 tree. Because the Council appears to have acted in line with its policy, we cannot question its decision even if the complainant disagrees with it. In the absence of evidence of procedural fault, we will not investigate this complaint further.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman