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Wiltshire Council (26 007 481)

Category : Environment and regulation > Trees

Decision : Closed after initial enquiries

Decision date : 08 Jul 2026

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s response to a dispute about overhanging trees from her neighbour. There is no worthwhile outcome we can achieve for Miss X.

The complaint

  1. Miss X was unhappy the Council did not provide her with support to resolve her concerns about her neighbour’s tree branches that were overhanging and scraping her roof. Miss X says this matter has caused her concern and worry about her property becoming damaged.

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The Ombudsman’s role and powers

  1. 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 no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

  1. I considered information provided by the complainant and I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Miss X said the issues affecting her had been ongoing since the beginning of the year and she had asked the Council for support and it did not provide her with any. Miss X also asked us to try and get compensation for the cost of a tree surgeon, she employed, to cut back tree branches that were overhanging.
  2. I will not investigate Miss X’s complaint, because I cannot achieve what she is looking for. Any dispute she has, is with her neighbours, who have a responsibility for maintaining their garden.
  3. In any case even if Miss X believed the Council should pay a bill for work she carried out to prevent damage, we could not tell the Council it should settle that bill. Miss X would have to make a claim against the Council’s insurers.

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Final decision

  1. We will not investigate Miss X’s complaint because there is no outcome we can achieve for her.

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Investigator's decision on behalf of the Ombudsman

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