Summary: We will not investigate this complaint about the Council’s response to tree maintenance and pruning. It is unlikely we would find fault and we could not achieve the outcome X is seeking.

The complaint

1. X complained because he did not believe the Council were giving proper consideration to the risks and then taking effective action in relation to pruning trees. X said this meant there was a risk of toppling, which could cause injury to a person or damage to property. X said he wanted the Council to halve the size of the trees.

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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, there is not enough evidence of fault to justify investigating, or we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

4. X contacted the Council alerting it to his concerns about the size and the risk of trees toppling, on his road, during high winds. He cited previous events where this had happened, and he expressed a worry that other people may be injured or damage caused to properties nearby, in the event of such an incident.
5. The Council replied to X and explained how it approached its responsibility as tree owners under its statutory duty as a Highways Authority. It told X when it had carried out work previously and would do so again in the near future.
6. Given the Council’s replies here, it is unlikely we would find fault in its actions and consideration of X’s service request. Although I acknowledge X will disagree, this is a decision the Council can take as the relevant authority. And in any case, we could not direct the Council to complete such work as they are the highways authority, so cannot achieve the outcome X is seeking. Because of these reasons we will not investigate.

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Final decision

7. We will not investigate X’s complaint because it is unlikely we would find fault and cannot achieve the outcome X is seeking.

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Investigator's decision on behalf of the Ombudsman