Summary: We will not investigate this complaint about overhanging branches from a tree. This is because any injustice is not significant enough and there is not enough evidence the Council is at fault to justify an investigation.

The complaint

1. Mrs X complains about the Council’s handling of her complaint about branches overhanging her garden. She says she has reported her concerns to the Council but they have not cut back the branches that overhang her garden. She says debris from the tree falls into her garden and due to mobility issues, she struggles to clear it up.

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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, or
• any injustice is not significant enough to justify our involvement.

(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 the complainant and I considered the Ombudsman’s Assessment Code.

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My assessment

4. Mrs X says she reported the overhanging branches to the Council. The Council they had pruned trees in the park area behind Mrs X’s garden however Mrs X says this was not the tree she had complained about.
5. The trees are on Council-owned land and as such, the Council is entitled to decide the works that are necessary to maintain its trees. In line with the law, Mrs X is able to use her common law right to remove branches that overhang her property.
6. The Council has decided not to prune the tree, a decision the Council is entitled to make and is inline with its policy. We therefore cannot criticise this and there is not enough evidence the Council is at fault.
7. We will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. As a publicly funded body we must be careful how we use our resources. Therefore, we will not investigate this complaint.

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Final decision

8. We will not investigate Mrs X’s complaint because the injustice is not significant enough and there is not enough evidence the Council is at fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman