Summary: We will not investigate Mr X’s complaint about the time taken to remove a tree stump from the public highway. This is because there is not enough evidence of fault or significant personal injustice to Mr X. Also, the Council has now arranged for the stump to be removed. We could not therefore achieve anything more by investigating Mr X’s complaint.

The complaint

1. The complainant whom I shall call Mr X, complains about the time taken to remove a tree stump from the public highway.

Back to top

The Ombudsman’s role and powers

2. This complaint involves events that occurred during the COVID-19 pandemic. The Government introduced a range of new and frequently updated rules and guidance during this time. We can consider whether the council followed the relevant legislation, guidance and our published “Good Administrative Practice during the response to COVID-19”.
3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

4. I considered Mr X’s complaint to the Ombudsman and the information he provided. I also gave Mr X the opportunity to comment on a draft statement before reaching a final decision on his complaint.

Back to top

What I found

5. In May 2020, a tree close to Mr X’s home fell over during a storm. The Council arranged for the trunk and branches to be removed, but left the stump in place.
6. In August 2020, Mr X complained to the Council about the time taken to remove the stump. The Council explained its intention was to remove the stump as quickly as possible. The work required coordination between its tree and highways contractors. COVID-19 had led to a backlog of work, but the Council would ensure the stump was one of the first for removal.
7. Mr X asked for his complaint to be escalated and the Council responded in September 2020. It again referred to the need to coordinate the work of different departments. It explained that stump removal is generally done in blocks – because tree felling is scheduled in advance. But when a tree falls over, the removal of its stump needs to be slotted into the Council’s existing work programme. So far there had been no capacity to remove the stump, but Mr X would be contacted as soon as there was an update. The Council has now contacted Mr X to say the removal of the stump had been scheduled to take place.
8. We do not have the resources to investigate all the complaints we receive. In deciding whether to investigate, we need to consider the likelihood of finding fault and the alleged injustice to the person complaining. We also need to consider what more an investigation could achieve.
9. I understand Mr X is unhappy with the time taken to remove the tree stump. But the Council has explained the delay with reference to COVID-19. Based on the evidence available, it is unlikely an investigation would find the Council to be at fault, or that Mr X has been caused significant personal injustice. Also, the Council has now arranged for the stump to be removed, and so it is unlikely an investigation by the Ombudsman could achieve anything more.

Back to top

Final decision

10. We will not investigate Mr X’s complaint. This is because there is not enough evidence of fault causing injustice and an investigation would not achieve anything more.

Back to top

Investigator's decision on behalf of the Ombudsman