Summary: We will not investigate this complaint about how the Council’s decision not to replace a removed tree. This is because we have decided any injustice is not significant enough to justify our involvement.

The complaint

1. Mr X complains the Council failed to properly consider his request for a replacement tree. He says it relied on unsupported evidence, failed to consider alternative locations or soil remediation, and misapplied its tree equity scoring. He says this has caused significant stress and injustice.

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The Ombudsman’s role and powers

2. People may complain to us about injustice caused by:
• ‘maladministration’ and ‘service failure’ by a public organisation we could investigate; or
• the actions of an organisation in connection with privately arranged adult social care.

(Local Government Act 1974, section 26A(1) or section 34C(1)(a)).

3. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide any injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6), or section 34B(8)).
4. We will not normally investigate complaint handling if we are not investigating the rest of the complaint. This is because there is not usually enough injustice to justify us doing so. We collect information about particularly poor complaint handling practice and report this back to organisations. (Local Government Act 1974, section 24A(6), or section 34B(8)).

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How I considered this complaint

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

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My assessment

7. Mr X says the Council removed trees from his road but did not replace them He says despite his attempts to resolve the issue the Council has continued to refuse to plant the replacement trees.
8. The law means we can choose only to investigate a complaint where the person has suffered serious loss, harm, or distress as a direct result of faults or failures by the body complained about. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
9. I recognise Mr X feels strongly about this situation and the circumstances of the complaint have affected him, but this is not significant enough to warrant us investigating.
10. We will not investigate the way the Council handled the complaint and correspondence here because we are satisfied it did not cause enough separate injustice to warrant it.

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Final decision

11. We will not investigate this complaint because any injustice is not significant enough to justify our involvement.

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Investigator's decision on behalf of the Ombudsman