Summary: There was no fault in the way the Council has maintained a tree outside Ms X’s property.

The complaint

1. Ms X complains that the Council has failed to carry out works to a number of trees on the street where she lives. Ms X says that leaves from the trees fall and obscure the disabled parking bay outside her property and other vehicles are often parked there as a result.
2. Ms X complains the Council has said it would do work in the past but not followed up on it meaning she has had to chase the Council to find out what was happening.

Back to top

The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
4. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
5. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

Back to top

How I considered this complaint

6. I have spoken to Ms X about her complaint and considered the information she provided to the Ombudsman.
7. I have also considered the Council’s response to my enquiries which includes its contractors records of works carried out.
8. I have written to Ms X and the Council with my draft decision and given them an opportunity to comment.

Back to top

What I found

9. Ms X lives on a tree lined street. She has a disabled parking bay marked outside her property. Ms X says the street is busy and parking is limited which is why the bay is necessary to ensure she has a space available outside her home.
10. Ms X says the trees outside her home drop leaves and branches onto her vehicle and the disabled parking bay. She says she has to clear leaves from her vehicle and the leaves often obscure the parking bay meaning other people will park there.
11. In October 2018 Ms X contacted the Council to ask for trees outside her property to be pruned. The Council responded to confirm pruning work had been carried out at the end of the month. The Council went on to explain that further work was required but it could not carry this out due to access issues on the street. The Council said this would take place by the end of March 2019.
12. Ms X contacted the Council on 4 March 2019 to say the works had not yet been carried out.
13. The Council replied to Ms X on 7 May 2019. The Council explained there was “no obligation… to cut back overhanding branches, roots or vegetation on request”. The Council said its contractor was obliged to “prevent trees from causing damage, but this is for damage caused by the tree and not through natural occurrences associated with the tree such as leaves and fruit falling, bird droppings etc.”.
14. The Council said Ms X could pursue an insurance claim if she believed the tree had caused damage to her vehicle. The Council said it had asked its contractor to complete works to the tree within one month.
15. The Council’s contractor wrote to Ms X on 14 June 2019. The contractor explained it had attempted to carry out work to the trees in April but were able to get access dur to parked cars. The contractor said it was planning to carry out the work on 17 June 2019 if it could gain access. The contractor said it would contact Ms X again if it was unable to do so.
16. The contactor wrote to Ms X again on 19 June 2019 to say it was unable to carry out the work as it had found a bird nest in one the trees. The contactor explained work would have to take place after nesting season.
17. The Council says it intends to apply to have the road closed and all vehicles moved in January 2020 to allow access for work to be carried out to prune a number of trees on the street including the tree outside Ms X’s property. The Council says it is normal to prune trees once every five years.

My findings

18. There is no fault in the way the Council has maintained trees on Ms X’s street. The Council has been unable to gain proper access to prune the trees and had to reschedule works. On one occasion the Council was unable to prune the tree because it found a bird nest. The Wildlife and Countryside Act 1981 says it is a criminal offence to damage, destroy or interfere with a bird nest.
19. The Council has now applied to close the road during a time of year when nesting birds will not be an issue. This may not have happened as quickly as Ms X would have liked but access and seasonal issues have affected the Council’s ability to carry out the work.
20. It is inevitable that the trees will drop leaves at certain times of the year. The Council is responsible for ensuring the trees are safe and do not pose a risk to people or property. I have seen no evidence that the trees outside Ms X’s property are unsafe.
21. Ms X should contact the Council’s highways department if she believes further signage is necessary to clearly identify her disabled parking bay.

Back to top

Final decision

22. I have completed my investigation as I have found no evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman