The Ombudsman's final decision
Summary: Miss X complained the Council will not remove the branches of a tree overhanging her driveway. She said bird droppings from the tree damages her car and affects her children, who have additional needs. We have discontinued our investigation into this complaint. We do not consider the alleged injustice to be significant enough to warrant our involvement in the case.
The complaint
Miss X complained the Council will not remove the branches of a tree overhanging her driveway. She said that bird droppings from the tree damages her car and affects her children’s independence.
She said that bird droppings from the tree landed on her son who became very distressed which was made worse by his disability.
Miss X said she cannot park elsewhere due to her son’s mobility issues.
Miss X wants the Council to cut down the tree or remove the branches overhanging her property.
The Ombudsman’s role and powers
We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended) 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 injustice is not significant enough to justify our involvement, or we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I have considered Miss X’s complaint and have spoken to her about it.
I have also considered the Council’s response to Miss X.
Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
What I found
Miss X bought her house in 2019. A tree between the road and the pavement overhangs her driveway. She said bird droppings from the tree land on her car and have landed on her son who became very distressed as he is disabled.
The Council inspected the tree when Miss X reported the problems. The Council said the clearance over the road and driveway were adequate and in line with guidance. It confirmed the Council had carried out crown lifting of all the trees on Miss X’s road in 2020 and therefore no further works were required.
Miss X was not satisfied with the Council’s response. She said her family are experiencing financial costs due to the damage to the car and the extra water and cleaning materials needed. She also said that her children will not walk on the driveway for fear of bird droppings. They are also losing their independence as they won’t open the car doors as they are covered in bird droppings.
I understand that Miss X is inconvenienced by the tree and the related droppings, petals and leaves falling on her property. However, I do not consider the alleged injustice to be significant enough to warrant a full investigation by the Ombudsman.
Final decision
I have discontinued my investigation. The alleged injustice is not significant enough to warrant our involvement in the case.
Investigator's decision on behalf of the Ombudsman