Summary: We will not investigate Mr X’s complaint about the Council’s decision not to replace trees after they were removed by the power network to complete emergency works. There is insufficient evidence of fault in how the Council came to its decision.

The complaint

1. Mr X complains the Council has not replaced trees that were removed by the power network during completion of emergency works. Mr X says this means his garden is now unusable because of the noise from the road and this has negatively impacted his mental health.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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))

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How I considered this complaint

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

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My assessment

6. The Council said the trees were removed by the power network to allow emergency works to be carried out. Once the work was complete, the Council assessed whether it could replant them. However, it found that new trees could not be planted because of the energy infrastructure in the area.
7. The Council have a policy whereby they aim to replace removed trees like for like where possible. In this case the Council assessed the area and determined that it wasn’t possible to replace the trees. There is insufficient evidence of fault by the Council in how it followed and applied its policy.

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Final decision

8. We will not investigate Mr X’s complaint. There is insufficient evidence of fault in how the Council came to its decision.

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Investigator's decision on behalf of the Ombudsman