Summary: We will not investigate this complaint about the Council’s refusal to cut back a tree next to Mrs X’s property. This is because the complaint is late and there are no good reasons.

The complaint

1. Mrs X complains about the Council’s refusal to cut back a tree next to her property. She says this is a safety risk to her and her child. Mrs X says this has caused significant distress and damaged her property. Mrs X wants the Council to cut back the tree.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, 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. Mrs X contacted the Council in May 2023 and asked it to cut back the tree. She said it had caused damage to her property. She raised further concerns in March 2024 and February 2025 and the Council carried out inspections.
7. Mrs X complained to us in April 2026, more than 12 months after becoming aware of the issue. Her complaint is therefore late. I have seen no good reason for the delay in bringing the complaint to us and no grounds to exercise discretion to investigate it now. If Mrs X remained dissatisfied with the Council’s responses, she could reasonably have complained to us by 2024.

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Final decision

8. We will not investigate Mrs X’s complaint because it is late and there are no good reasons.

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Investigator's decision on behalf of the Ombudsman