The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s response to the complainant’s report of tree roots blocking her drain. This is because there is no evidence of fault on the Council’s part.
The complaint
The complainant, who I will refer to as Mrs B, complains that the Council has failed to take appropriate action in response to her report of tree roots blocking her drain.
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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs B says the roots of a Council-owned tree blocked her drain. She has asked the Council to remove the tree. The Council has declined to do so, and has not accepted liability for damage to the drain. Mrs B does not accept the Council’s response and wants it to remove the tree.
The Ombudsman will not investigate this complaint because there is no evidence of fault on the Council’s part. It is for the Council’s tree officers to decide whether removal is justified, and it is not for us to question their professional judgement or to intervene to substitute an alternative view. We cannot take a view on whether the tree is responsible for damage to the drain. This is a matter to be pursued through the insurers and, ultimately, the courts. There is no role for the Ombudsman.
Final decision
We will not investigate Mrs B’s complaint because there is no evidence of fault on the Council’s part.
Investigator's decision on behalf of the Ombudsman