Summary: We will not investigate Ms X’s complaint about the Council’s management of trees near her home. Part of the complaint is late. There is insufficient evidence of fault in the Council’s more recent actions and it is unlikely an investigation would lead to a different outcome. It is reasonable for Ms X to pursue any claim for property damage through the Council’s insurers and the courts.

The complaint

1. Ms X complains the Council has failed to appropriately manage trees on Council-managed land close to her home. She says tree roots have caused damage to her property, she had incurred costs removing overhanging branches and the matter has caused her distress. She wants the Council to remove the trees and pay for repairs to her property.

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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. 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)
5. 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
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

8. Ms X states the problem with the trees has been ongoing for 20 years. She brought the matter to us in November 2025.
9. We cannot investigate the Council’s actions before November 2024. This part of the complaint is late and there is no good reason to investigate now.
10. Ms X complained to the Council about the trees in 2025. In its complaint responses, the Council advised that its Tree officer had considered her complaint and in response, had recommended further works. It agreed to prune back the trees from her property and said it would continue to monitor the trees in line with its current policies.
11. It advised her of her right to prune back any tree branches overhanging her property and to make a claim to the Council’s insurers, if she considered the trees had caused damage to her property.
12. We will not investigate the Council’s recent actions as there is insufficient evidence of fault. The Council appears to have appropriately considered her concerns and recommended further tree maintenance works. This is an appropriate response. It is unlikely an investigation would achieve anything more.
13. We cannot determine if the Council is liable for damage to her property, only a court can do this. If Ms X considers the Council’s action or lack of action has caused damage to her property, it is open to her to make a claim through the Council’s insurers and if dissatisfied with the outcome, take the matter to court.

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Final decision

14. We will not investigate Ms X’s complaint because there is insufficient evidence of fault and it is unlikely an investigation would lead to a different outcome. If Ms X considers the Council liable for property damage, she can make a claim on the Council’s insurance and if dissatisfied with the outcome, take the matter to court.

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Investigator's decision on behalf of the Ombudsman