The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to prune a tree adjacent to Ms X’s property. This because there is no evidence to suggest fault affected the Council’s decision.
The complaint
The complainant, who I refer to as Ms X, complains the Council will not prune the tree adjacent to her property whose falling branches have caused her stress and anxiety and whose presence darkens her garden.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We cannot question whether an organisation’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended) We provide a free service but must use public money carefully. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Ms X and the Council’s response to her complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X contacted the Council to request that it prune the branches of a tree adjacent to her property.
The Council visited to inspect the tree but decided no work was required in accordance with its Tree Management policy.
While this is a disappointing decision for Ms X, there is no evidence to suggest fault affected it. We cannot act as a point of appeal. We cannot question decisions taken by councils if they have followed the right steps and considered the relevant evidence and information.
Final decision
We will not investigate Ms X’s complaint because there is no evidence to suggest fault affected the Council’s decision not to prune the tree by Ms X’s property.
Investigator's decision on behalf of the Ombudsman