Summary: We will not investigate this complaint about the Council acting unfairly and with fault in how it handled a tree outside Miss X’s property. This is because further investigation would not lead to a different outcome, and it is not proportionate to investigate the complaints handling issue on its own.

The complaint

1. Miss X complains the Council acted unfairly and with fault in how it handled a tree outside her property. She said the Council ignored her and moved the tree without any notice, despite saying it would remain where it was. Miss X said the Council has failed to consider her disability and said this has had a serious impact on her mental health and affected her privacy. Miss X wants the Council to apologise, reinstate the tree and pay her financial compensation.

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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 further investigation would not lead to a different outcome. (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 the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council says it removed the tree because it was unsafe and at risk of collapse. In those circumstances, it was not required to give statutory notice before removal. However, the Council accepted it should have displayed a 10-day notice on the tree and did not do so. This fault did cause distress to Miss X. The Council agreed to provide refresher training to staff and contractors. This is a suitable response to the fault identified, and further investigation would not achieve a different outcome.
6. The Council replanted a tree in the same location. Miss X says she then overheard a Council officer say the tree would be moved. In its complaint response, the Council told Miss X the tree would remain where it was, subject only to a possible minor adjustment. However, it later moved the tree without updating her. The Council accepted this was an error and has since replanted the tree in the location it had previously discussed with Miss X. This is a suitable response to the fault identified, and further investigation would not achieve a different outcome.
7. While Miss X is also unhappy with the way the Council dealt with her complaint and the lack of response to some of her emails, it is not a good use of public resources to look at the Council’s complaints handling and communication if we are not going to look at the substantive issue complained about.  We will not therefore investigate this issue separately.

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Final decision

8. We will not investigate Miss X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman