Summary: We will not investigate this complaint about the Council’s response to Mr X’s concerns about his neighbour’s tree. The Council has removed the tree, and further investigation would not lead to a different outcome.

The complaint

1. Mr X complained to the Council about a tree in his neighbour’s garden that has been growing out of control. Mr X’s neighbour is a Council tenant, and the tree has been growing across the front of Mr X’s property blocking out his light.
2. Mr X has to cut the tree back as his neighbour cannot and feels it unfair this responsibility has fallen to him. Mr X worries the tree could damage his property as it is near his roof and guttering. Mr X wants the Council to cut back the tree before it starts growing again in the Spring.

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The Ombudsman’s role and powers

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 further investigation would not lead to a different outcome. (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 the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council responded to Mr X’s concerns and agreed it would carry out the necessary work to cut back the tree. It confirmed the tree removal would take place as part of its winter works programme and apologised for not being able to give a more definitive timeframe. It said the winter works run between October and March but could be affected by the weather and other maintenance work it needed to complete.
7. Mr X contacted us in April to say the work was still outstanding. the Council confirmed the tree has now been cut back. The only remaining work to be done is treating the tree stump to prevent regrowth.
8. We will not investigate this complaint. The Council agreed to carry out the work and although this was not done during the months of the winter works programme, the work has now been carried out. Any further investigation would not lead to a different outcome or achieve anything further.

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Final decision

9. We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman