Basingstoke & Deane Borough Council (25 019 986)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 20 Apr 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s refusal to prune trees in its ownership as it is unlikely we will find fault by the Council.
The complaint
- Mr X complains the Council has refused to prune two trees which he says impact on his enjoyment of his garden. Mr X is unhappy as the Council several years ago agreed to his request for them to be pruned.
The Ombudsman’s role and powers
- 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))
- 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code and the Council’s tree policy.
My assessment
- The Council’s tree policy states that it will only agree to requests to prune its trees if it considers the environmental impact of doing this is acceptable. The Council’s complaint responses to Mr X indicate it considered his request and circumstances but declined to prune back the trees. It considered the trees to be healthy and that they contribute to the wider environment.
- I recognise Mr X remains unhappy with this decision but it was one the Council was entitled to take under its policy. We can only challenge it if there is evidence of fault in how it was made. I do not consider Mr X’s complaint evidences such fault. We will not therefore investigate.
Final decision
- We will not investigate Mr X’s complaint because it is unlikely we will find fault by the Council.
Investigator's decision on behalf of the Ombudsman