Summary: We will not investigate this complaint about the Council’s response to the complainant’s concerns about risk from trees close to her property. There is insufficient evidence of fault on the Council’s part to warrant our intervention.

The complaint

1. The complainant, Mrs X, complains that the Council has failed to properly maintain trees close to her property.

Back to top

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))

Back to top

How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Mrs X’s complaint concerns Council-owned trees adjacent to her property. She says the Council has failed to properly maintain them, and they have become disproportionately large. She says the trees regularly drop branches into her garden and those of other residents, as well as a footpath, causing the risk of injury.
6. Mrs X says that, despite the provision of evidence, including professional opinions, the Council has failed to take appropriate action to address the risk posed by the trees.
7. The Ombudsman will not investigate Mrs X’s complaint because there is insufficient evidence of fault on the Council’s part. The correspondence she has provided sets out the action the Council has taken in response to her concerns. The Council has carried out inspections, agreed and carried out works and increased the frequency of regular inspection. Mrs X does not think this is sufficient. But that is not for the Ombudsman to determine.
8. The Council is entitled to rely on the professional opinion of its officers. Without evidence of fault in the way the Council reached its view that no further action is warranted, the Ombudsman cannot intervene to criticise the decision or substitute an alternative view. That is the case here.

Back to top

Final decision

9. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault on the Council’s part.

Back to top

Investigator's decision on behalf of the Ombudsman