Warrington Council (25 023 909)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 22 Jun 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about works relating to a protected tree. This is because X has an appeal right to the Planning Inspectorate, if they are aggrieved by the Council’s decision on whether works are necessary or not. And given only the Planning Inspectorate could decide, and direct the Council to carry out the work, and we could not, it is reasonable to expect X to use their appeal right.
The complaint
- X was unhappy the Council has not taken enough steps to maintain the trees that it has a responsibility for, that are protected by a tree preservation order. X is concerned about the possibility of damage to their property and is also concerned about carrying out works themselves, because the trees are protected.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
- Councils may impose Tree Preservation Orders (TPO) to trees, groups of trees or woodland to protect them. They may control works on trees, such as cutting down or lopping. Once a TPO is in place, works cannot be carried out without written consent by the Council’s planning authority. If a person is aggrieved by the Councils decision not to agree to works, they can appeal to the Planning Inspectorate, who can then decide. There is no fee to appeal.
How I considered this complaint
- I considered information provided by the complainant and I considered the Ombudsman’s Assessment Code.
Final decision
- We will not investigate X’s complaint because they can ask the Council for permission to carry out works on a protected tree, and if they are aggrieved by the Council’s decision, they have an automatic appeal right. We could not decide what work was necessary and so it would be reasonable to expect X to use their appeal right.
Investigator's decision on behalf of the Ombudsman