Summary: We will not investigate Mrs X’s complaint about how the Council responded to her concerns in relation to trees overhanging her property. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

The complaint

1. Mrs X complained about the Council’s response in relation to her concerns about trees which overhang her property. The matter caused her distress and frustration. She wants the Council to properly consider her concerns and take action to reduce the risk of personal injury and damage to her property. She also wants the Council to be clear on responsibility and liability in relation to potential damages.

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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))

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How I considered this complaint

3. I considered information provided by Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X said there are large council-owned trees overhanging her property. Mrs X said the trees shed acorns. They have fallen on her family/friends when they are in the garden. She said the trees pose a risk of seriously injuring her family and causing damage to her property. She asked the Council to prune the trees.
6. In response to Mrs X’s concerns, the Council’s tree specialist team inspected the trees. It said the inspection showed the trees were healthy and did not present a safety risk requiring the Council to carry out works. It said the trees shedding acorns and other debris was an expected and natural process. This was appropriate and what we would expect it to do. We cannot question whether their judgment was wrong.
7. In addition, the Council told Mrs X she was able to arrange the works herself in relation to the overhanging branches without the Council’s permission. It advised her to hire a qualified tree worker to ensure any works they did were done with care as if the trees were damaged in any way, Mrs X would be liable. This was appropriate.
8. The Council also explained to Mrs X it was not able to say whether it would be liable for any injuries or damages without an incident occurring as it would need to carry out an investigation before establishing liability. This was reasonable as we would not expect the Council to say with certainty whether it is liable for any injuries or damages which have not happened.
9. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault by the Council.

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Final decision

10. We will not investigate Mrs 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