Summary: We will not investigate this complaint about the Council’s decision to fell trees and remove bushes on the complainant’s land. The Council has apologised for the frustration and distress its actions caused. It has offered to replant two trees and care for them for two years. This is a suitable remedy and further investigation is unlikely to lead to a different outcome.

The complaint

1. The complainant, I shall call Mr B, says the Council trespassed on his property and felled trees and removed bushes without his permission.

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How I considered this complaint

2. I considered information provided by Mr B and the Council.
3. I considered the Ombudsman’s Assessment Code.

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My assessment

4. The Council says the land is a ‘service strip’, and it is responsible for repair and maintenance. It also says it received a report from a resident that trees were overgrowing their boundary and causing problems. The Council says it visited the site, noting the officer could not see the extent of the damage to the boundary fence because of the dense growth. The two trees were removed to reduce a claim for property damage against the Council.
5. The council accepts the removal of the trees without notice caused distress and frustration. It has apologised for this. It has also offered to plant two new trees of a type and size agreed with Mr B. It says it will maintain them for two years to ensure they become established.
6. Mr B says the Council was dismissive of his complaint and refuses to accept it trespassed on his property. However, the Council has apologised for felling the trees without notice. And it has offered to replace them with two new trees.

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Final decision

7. We will not investigate Mr B’s complaint. The Council’s apology and offer to replace and maintain new trees is a suitable remedy, and it is unlikely that further investigation will lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman