The Ombudsman's final decision
Summary: Mr D complains about the removal of trees in a conservation area. The Ombudsman has discontinued the investigation because there is no personal injustice to Mr D.
The complaint
The complainant (whom I refer to as Mr D) says trees were removed in a conservation area and the Council did not follow the correct process.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide any fault has not caused injustice to the person who complained.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered the information provided by Mr D and shared my draft decision with both parties.
What I found
Mr D complains about the removal of trees in a conservation area. The Council wrote to Mr D in May 2021 explaining the trees had been removed because they were diseased. It would not formally consider a complaint from him because the tree removal had not resulted in a personal injustice.
The Ombudsman has ended (discontinued) the investigation because there is no significant injustice to Mr D. The trees were not directly near his home and I do not see their removal warrants further investigation.
Final decision
I have discontinued the investigation.
Investigator's decision on behalf of the Ombudsman