Summary: We will not investigate Mr X’s complaint about the Council not taking action in relation to a tree next to his property. This is because there is insufficient evidence of fault by the Council.

The complaint

1. Mr X complained the Council failed to take action in relation to a tree next to his property. He said the tree is causing damage to his property. He said the matter is causing him distress. Mr X wants the Council to excessively cut back the tree or to cut it down completely.

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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 Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X said there is a Council-owned tree next to his property. He said the tree regularly sheds leaves and branches which block the drains and gutters on his property. Mr X said due to his health needs, he struggles to clean the debris from the tree.
7. In response to Mr X’s complaint, the Council said it arranged for the tree to be pruned. The Council also told Mr X after pruning the tree, leaves and branches would continue to fall as shedding was a natural process. The Council explained to Mr X it would not cut down the tree as it was a well-established and healthy tree.
8. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council. The Council took action in response to Mr X’s complaint which was appropriate.
9. The Council explained why it would not cut down the tree. It is not for the Ombudsman to decide whether the Council is required to carry out work on a tree. It is for the Council and its specialist officers to decide this. Mr X disagrees with the Council’s decision but this does not mean the Council is at fault.

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Final decision

10. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman