The Ombudsman's final decision
Summary: We will not exercise discretion to investigate this complaint about the Council’s maintenance of trees on Mrs X’s property boundary. This is a private dispute and it is reasonable for her seek a remedy by way of insurers or the courts.
The complaint
Mrs X complained about the Council refusing to cut back trees on her property boundary to a reasonable level. She says her home has overhanging branches which deposit debris on her driveway and she is concerned about root damage to her property. She wants the Council to agree more substantial cutting back of the trees.
The Ombudsman’s role and powers
The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X says the Council has refused to cut back trees on her boundary to a reasonable level. She says the trees drop debris on her property, pose a highway risk and her property is at risk from root damage.
The Council met Mrs X and agreed to carry out some pruning work to the trees including reducing the canopies, clearing the statutory height level of branches above the road and trimming ivy. It will not cut the canopy or top branches as far back as she has requested and says tree debris is the responsibility of whoever the adjacent landowner may be.
Mrs X told the Council she would arrange for the trees to be cut back to the boundary if it did not take more action. The Council advised her that it may introduce protection orders for the trees if they are threatened with work which could damage or destabilise them.
We will not investigate this complaint. This is a civil matter between the Council and a private landowner. The Council has a duty to ensure the public highway is not obstructed by branches but any matters relating to adjacent landowners are private boundary matters.
We cannot determine liability for private nuisance or damage to property caused by trees. These are private matters which can only be decided by insurers or the courts. It is reasonable for Mrs X to submit an insurance claim for any damage to her property caused by negligence on the Council’s part. If liability is denied then she may seem a remedy in the courts which are the proper body to decide liability.
Final decision
We will not exercise discretion to investigate this complaint about the Council’s maintenance of trees on Mrs X’s property boundary. This is a private dispute and it is reasonable for her seek a remedy by way of insurers or the courts.
Investigator's decision on behalf of the Ombudsman