The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s response to the complainant’s concerns about trees close to her property. 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 action in response to her complaints about trees close to her property.
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 complains about the Council’s response to her concerns about highway trees close to her home. She says the seeds shed by the tree in summer months cause nuisance and present a risk to health, she has asked the Council to treat the trees with chemicals to prevent the annual seeding.
The Council has declined to take the action Mrs B is requested. It says the trees are healthy and chemical treatment is not warranted. Mrs B believes the Council’s decision is unreasonable.
We will not investigate Mrs B’s complaint. There is no evidence of fault on the Council’s part. It has explained why it is not required to take measures to address the natural shedding of seeds and why it does not regard it as necessary to intervene. That is a matter for the professional judgement of the Council’s tree officers. Without evidence of fault in the way the Council has applied its tree policy, the Ombudsman cannot criticise the decision or intervene to substitute an alternative view.
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