London Borough of Sutton (26 011 339)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 26 Jul 2026
The Ombudsman's final decision:
Summary: We will not investigate Mr B’s complaint about the Council’s refusal of his vehicle crossover application. This is because there is not enough evidence of fault to justify an investigation.
The complaint
- Mr B complains the Council has refused his application for a vehicle crossover because there is a tree on the pavement. Mr B says the Council should remove this tree, which is damaging the pavement, and allow a crossover in this location.
The Ombudsman’s role and powers
- 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 an investigation if we decide there is not enough evidence of fault to justify investigating.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Mr B and the Council’s Vehicle Crossover Policy, which is available on the Council’s website. I have viewed this location on Google Maps and Streetview.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council decided there is not enough space either side of this tree for a crossover in this location. The Council says it assessed the condition of the tree in 2023 and 2025 and found it was in moderate condition so the Council will not be removing it.
- I have not seen any information to indicate the Council’s assessment of Mr B’s request for a crossover was affected by fault. The Council’s decision was in line with its policy which says highway trees will not be removed to allow a vehicle crossover. Whether or not the roots are damaging the pavement is not a relevant consideration under the Council’s policy.
Final decision
- We will not investigate Mr B’s complaint because there is not enough evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman