The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s response to the complainant’s request for works to trees adjacent to his boundary. This is because there is no evidence of fault on the Council’s part.
The complaint
The complainant, who I will refer to as Mr B, complains that the Council is at fault in refusing to carry out works to trees adjacent to his property.
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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr B says trees on Council land adjacent to his property cause a nuisance. He argues that they are too tall, block the sunlight to his garden and shed branches. He also says root growth has caused damage to his drains.
Mr B reported his concerns to the Council, having received professional advice. He requested the Council carry out works to the trees. In response, the Council inspected the trees. It decided no works are necessary and has declined to carry any out. In response to Mr B’s complaint, it has set out how he may pursue the issue of property damage. Mr B believes the Council’s response is unreasonable.
The Ombudsman will not investigate this complaint because there is no indication of fault on the Council's part. Mr B and the Council disagree about the need for works and it is not for the Ombudsman to express a view. It is for the Council's officer to use his professional judgement in applying the relevant policy. There is no indication of fault in the way he did so. Without evidence of fault, it is not for us to question the officer's decision, or to intervene to substitute an alternative view.
Final decision
We will not investigate Mr B’s complaint because there is no evidence of fault on the Council’s part.
Investigator's decision on behalf of the Ombudsman