Summary: We will not investigate this complaint about how the Council handled Mr X’s reports about ivy growing on trees. This is because we have decided any injustice is not significant enough to justify our involvement. In addition, there is not enough evidence of fault to justify our involvement.

The complaint

1. Mr X complained about the outcome of the Council’s assessment of trees in his local area. He said ivy growing on them is an environmental issue impacting the local area. He also complained about the Council’s complaint process.

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The Ombudsman’s role and powers

2. People may complain to us about injustice caused by:
• ‘maladministration’ and ‘service failure’ by a public organisation we could investigate; or
• the actions of an organisation in connection with privately arranged adult social care.

(Local Government Act 1974, section 26A(1) or section 34C(1)(a)).

3. 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, or
• any injustice is not significant enough to justify our involvement
• there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), section 34(B))

4. We will not normally investigate complaint handling if we are not investigating the rest of the complaint. This is because there is not usually enough injustice to justify us doing so. We collect information about particularly poor complaint handling practice and report this back to organisations. (Local Government Act 1974, section 24A(6), or section 34B(8)).
5. We will not usually investigate complaint handling if we are not investigating the rest of the complaint. This is because there is not usually enough injustice to justify us doing so. We collect information about particularly poor complaint handling practice and report this back to organisations. (Local Government Act 1974, section 24A(6), section 34B(8))

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How I considered this complaint

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The Council completed an assesment which classified any works needed as low priority. It said it would complete the works within five years and shared the outcome of the assessment with Mr X.
9. The law means we can choose only to investigate a complaint where the person has suffered serious loss, harm, or distress as a direct result of faults or failures by the body complained about. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
10. I recognise the circumstances of Mr X’s complaint have affected them, but this is not significant enough to warrant us investigating. There is also not enough evidence of fault in how the Council’s responded to Mr X’s reports of ivy to justify our involvement.
11. We will not investigate the way the Council handled the complaint and correspondence here because we are satisfied it did not cause enough separate injustice to warrant it.

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Final decision

12. We will not investigate this complaint because any injustice is not significant enough to justify our involvement. In addition, there is not enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman