Summary: The Ombudsman will not investigate this complaint about the Council’s decision to plant a tree on a grassed area near to the complainant’s home. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, complains the Council has planted a tree on the verge outside his home. He says this will have a negative impact on him and other residents.

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The Ombudsman’s role and powers

2. 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 an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and the Council’s responses. I looked at a photograph of the tree and considered comments Mr X made in reply to a draft of this decision.

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What I found

What happened

4. The Council planted a tree on a grassed area of the highway close to a mature tree. Mr X lives in an adjacent block of flats.
5. Mr X complained to the Council. He said the tree will block out sunlight and increase heating costs. He complained the tree will ruin the view and lower property prices. He also complained there was no consultation. Mr X said the tree would restrict visibility for drivers and cause road accidents.
6. In reply the Council explained it is not required to consult with residents. It said it had planted a tree suitable for an urban environment and in a location suitable for a medium to large tree. It said the tree would not restrict visibility and it is not responsible for heating costs. The Council said it would not relocate the tree.

Assessment

7. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council has planted a tree on land that it owns and it is not required to consult with residents or seek their agreement. The Council has chosen a tree which is suitable for an urban environment, and for the highway, and it is satisfied it will not restrict visibility for road users. I appreciate Mr X has concerns that the tree will have a negative impact but there is no suggestion of fault and I have no power to tell the Council it must remove the tree.

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Final decision

8. I will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman