The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with a request to vary a Tree Preservation Order. This is because further investigation would not lead to a different outcome.
The complaint
The complainant, who I will call Mr X, complains about how the Council dealt with his request to vary a Tree Preservation Order (TPO) affecting trees close to his property. Mr X first raised the matter in June 2020 but did not receive a response despite chasing the council on several occasions. Mr X wants the Council to implement a new policy detailing how similar request are dealt with in the future.
The Ombudsman’s role and powers
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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I will not investigate Mr X’s complaint because I do not consider that further investigation would lead to a different outcome. The Council has apologised to Mr X for how it dealt with his request and reminded staff of their duties when receiving such requests. It has also agreed to review the TPO within six months. This is an appropriate and proportionate response.
Mr X wants the Council to implement a new policy detailing how the Council should handle similar requests in the future which should be endorsed by the Ombudsman. The Council has explained to Mr X that it does not have a policy as government guidance on the process is clear. It is not for the Ombudsman to decide what policies council’s do or do not adopt, nor is it for the Ombudsman to endorse council policy.
Final decision
We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman