The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to carry out works. 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 is at fault in failing to carry out works to a tree and the highway.
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
Mrs B has concerns about the safety of a tree outside her property. She says a large branch constitutes a potential danger. She also says the tree’s roots have lifted paving stones, causing a trip hazard. She has reported these matters to the Council and complains that it has failed to address them.
The Council carried out crown reduction works in 2020. It says it does not believe any further works to the tree are justified at this point and has refused permission for Mrs B to remove the branch herself. It says it has passed Mrs B’s concerns about the trip hazard to its highways department.
The Ombudsman will not investigate this complaint because there is no evidence of fault. The evidence shows the Council has considered the request Mrs B has made for work to the tree and has communicated its decision. Whether works are required is a matter for the professional judgement of the Council’s tree officers and there is no evidence of fault in the way they made the decision. In the absence of fault, it is not for the Ombudsman to consider the merits of the decision, or to intervene to substitute an alternative view.
I can see no evidence that the Council has specifically refused to carry out highway works. If Mrs B wants to pursue this matter with the Council, she may wish to contact the highways department. There are no grounds for us to intervene.
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