Summary: We will not investigate Mrs X’s complaint about the Council’s response to a fallen tree in her garden. Mrs X’s complaint is late, and there are not good reasons to investigate it now.

The complaint

1. Mrs X complained to the Council initially in 2022 when a tree fell into her garden from the grass verge next to the highway. Mrs X says the tree is outside her property boundary and the responsibility of the Council.
2. Mrs X says she has suffered financial loss due to damage caused as well as stress and worry from what has happened. Mrs X wants the Council to remove the fallen tree, assume responsibility for cutting down the other trees nearby and pay compensation for the damage caused.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs X says a tree fell into her garden in 2022 from the grass verge next to the highway and outside her property fenceline. The tree damaged fence panels and came to rest on her garden shed. Mrs X contacted the Council who visited the property to assess the tree and risk to passing road users. It decided the tree should be removed but did not assume liability or ownership of the tree. Council workers attended to carry out removal but due to power lines being close by, were unable to do the work.
8. Mrs X complained again in 2024. The Council responded and said its Highways Records team confirmed the trees were not its responsibility. It had liaised with UK Power Networks who had previously visited to assess the tree and said it would have to complete the works due to power lines being close by. The Council also had an update from UK Power Networks, who said the work was still outstanding as not high priority.
9. We will not investigate this complaint. The Ombudsman normally expects people to complain to us within 12 months of them becoming aware of a problem. Mrs X’s complaint dates back to 2022. Mrs X’s complaint is therefore late. We cannot investigate late complaints unless we decide there are good reasons. While Mrs X was in contact with the Council more recently, this shows she would have been able to contact us sooner about her complaint. Consequently, there is not good reason to exercise discretion to investigate this late complaint now.

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Final decision

10. We will not investigate Mrs X’s complaint because it is late and there are not good reasons to investigate it now.

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Investigator's decision on behalf of the Ombudsman