The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to treat a tree. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, whom I refer to as Mr X complains the Council will not treat a tree outside his home which is infested with mistletoe. Mr X says that without treatment the tree may die and this would affect the street scene and his view.
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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Mr X and the Council. I also considered the Ombudsman’s Assessment Code.
My assessment
Mr X asked the Council to treat a tree outside his home which is infested with mistletoe. A tree officer inspected the tree and decided no work is needed at that moment. The officer noted the tree is safe and not a presenting a risk to people or property. The Council told Mr X it would not do any work at the moment but would monitor the tree and do work if needed.
Mr X disagrees with the Council’s response. He told the Council he may employ a tree surgeon to do the work and charge the Council. Mr X said the problem will be more expensive to deal with if the Council does not act now. In response the Council said that Mr X does not have permission to do any work to the tree and any such work could be regarded as an act of vandalism.
I will not investigate this complaint because there is insufficient evidence of fault by the Council. Mr X asked the Council to treat a tree. The Council responded appropriately by inspecting the tree and deciding no work is needed at the moment. Mr X disagrees with the Council’s response but it is not fault for a council to follow the professional advice of a tree officer and it is not our role to ask a council to do something that would be contrary to that advice. It is for the Council, not us, to assess and respond to service requests. I can only consider if the Council followed the correct process and it did. We are not an appeal body and we cannot intervene simply because a council makes a decision that someone disagrees with.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman