Summary: We will not investigate this complaint about the Council’s pruning of trees and hedgerows. This is because there is not enough evidence of fault by the Council to justify investigating and further investigation would not lead to a different outcome.

The complaint

1. Miss Y complains the Council is over-pruning trees and hedgerows at the wrong time of year which is destroying them. Miss Y says she is concerned about the loss of biodiversity.
2. Miss Y wants the Council to stop over-pruning and prune at the correct time of year.

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The Ombudsman’s role and powers

3. 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))

4. 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

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

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My assessment

7. Miss Y complained to the Council about over pruning of trees and hedgerows and that it was done at the wrong time of year. In response to her complaint, specialist officers from the Council conducted a site visit to investigate. The Council found that in its expert opinion using its experience and expertise, the hedgerows were in full health and flowering. In its response the Council also explained tree pruning is reduced in winter months for their health and wellbeing.
8. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. As the Council considered Miss Y’s complaint, conducted a site visit and used its findings to make its decision, there is not enough evidence of fault to justify investigating.
9. The Council has considered Miss Y’s concerns and says it will ensure that pruning is proportionate and done at the right time of year. As this is what Miss Y also wants, an investigation would not lead to a different outcome.

Final decision

10. We will not investigate Miss Y’s complaint because there is not enough evidence of fault by the Council to justify investigating, and further investigation would not lead to a different outcome.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman