Summary: We will not investigate the Council’s decision not to carry out tree works. There is not enough evidence of fault in the Council’s decision-making process to warrant an investigation.

The complaint

1. Mrs X complains a Council-owned tree is overhanging her property and reducing natural light.

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The Ombudsman’s role and powers

2. 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:

• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. 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)

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How I considered this complaint

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

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My assessment

6. Mrs X says a tree overhanging her property reduces natural light. She says she is also concerned about damage the tree might cause to her property. She has asked the Council to remove the tree, but the Council refused.
7. The Council surveyed the tree in December 2024 and found it to be in good health. It considered Mrs X’s concerns under the Council’s adopted tree policy, which says:
• the Council will not normally carry out tree works for property overhang.
• the Council does not prune trees or fell trees to improve natural light to a property.
8. The Council concluded there were no grounds to prune the tree.
9. We are not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. The Council’s process in deciding not to fell the tree involved assessing the situation and applying its policy. There is not enough evidence of fault in how the Council made its decision to warrant an investigation. We realise Mrs X disagrees with the decision, but this itself is not evidence of fault.
10. In any case, it is reasonable for Mrs X to pursue any claim through the court. The courts are better placed to decide whether the Council has been negligent and is liable for damage. They can also provide a suitable remedy.

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Final decision

11. We will not investigate Mrs X’s complaint because there is not enough evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman