Summary: We will not investigate this complaint about the Council mishandling enforcement action relating to a tree near Mr X’s property. This is because the law prevents us from investigating matters before a court.

The complaint

1. Mr X complains the Council had mishandled enforcement action relating to a tree near his property. He says the Council asserted that he was solely responsible for tree without investigating the boundary position. Mr X says this has caused him a significant financial loss and significant stress.
2. Mr X wants the Council to reimburse the costs which incurred following the Council's involvement, make a financial contribution to the costs of removing the tree, provide an additional distress payment, apologise and review its process.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Following the Council serving Mr X with a section 154(2) notice, Mr X has initiated an appeal against this to the Magistrates court. We cannot investigate the start of court action or what happens in court. We therefore have no jurisdiction to investigate the enforcement process.

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Final decision

7. We will not investigate Mr X’s complaint because the law prevents us from investigating matters before a court.

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Investigator's decision on behalf of the Ombudsman