Summary: We will not investigate Ms X’s complaint about the Council’s Tree Preservation Order (TPO) processes. This is because it was reasonable to expect Ms X to appeal to a government minister.

The complaint

1. Ms X complains the Council failed to properly follow the Tree Preservation Order (TPO) process affecting her property. She says this has caused emotional and financial strain.

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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. The law says we cannot normally investigate a complaint when someone can appeal to a government minister. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(b), as amended)
4. The Planning Inspectorate acts on behalf of the responsible Government minister. The Planning Inspectorate considers appeals about decisions to refuse permission for works to protected trees.

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How I considered this complaint

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

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My assessment

7. Ms X moved into her home in May 2025. In June 2025, the Council served a TPO affecting the property. Ms X says she did not receive the information required or have the statutory timescale to make objections to the Council. She also says the TPO did not show up in searches that were carried out.
8. In July 2025, Ms X applied for planning permission to fell a tree near her home. The Council refused permission.
9. The making of the TPO and its confirmation do not cause injustice. Therefore, we will not consider this matter. The injustice flows from the Council’s refusal to give Ms X permission to fell the tree.
10. Ms X could have appealed to the Planning Inspector. The Planning Inspector decides independently of the Council whether to allow tree works. That appeal right has now expired.
11. The law expressly provides this route to resolve such matters, so we normally expect people to use it. The Planning Inspectorate has the expertise to decide such matters and the power to make a binding decision, including overturning the Council’s decision if it sees fit. We will not investigate because it was reasonable to expect Ms X to use her right of appeal.
12. Ms X also complains about the searches process. It is not proportionate for us to investigate these ancillary matters if we are not investigating the substantive issue.

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Final decision

13. We will not investigate Ms X’s complaint because it is reasonable to expect her to have appealed to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman