The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to prune some trees. This is because there is insufficient evidence of fault by the Council and because we do not determine complaints about alleged damage caused to property.
The complaint
The complainant, whom I refer to as Ms X, complains about the Council’s decision not to prune some trees outside her home. She says the trees are too tall and block out light, fallen leaves clog her gutters, and she is worried the trees may fall. Ms X also says the roots are damaging her path and gate. Ms X says the Council has doubled the tree maintenance period from three to six years without any consultation.
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 an investigation if we decide: there is not enough evidence of fault to justify investigating, or there is another body better placed to consider this complaint.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Ms X. This includes the complaint correspondence and the Council’s tree policy. I looked at photographs of the tree and I considered our Assessment Code.
My assessment
The Council prunes trees to ensure public safety and prevent obstructions. It may also prune a street tree to keep it in proportion with its location. The Council does not prune trees due to leaf fall.
There are two trees on the grass verge outside Ms X’s home. There is a path and front garden between the trees and the house. The trees do not touch any part of Ms X’s house.
The Council pruned the trees in 2018. It did another inspection in 2022 and decided pruning is not currently required. It may prune, if needed, following the next planned inspection in 2024.
In response to Ms X’s complaint the Council explained it inspects the trees every three years. It confirmed the recent inspection found that pruning is not currently needed. It said it has no plans to remove the trees or reduce the height. It invited Ms X to make an insurance claim regarding her submission that the roots are damaging her property.
I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council regularly inspects the trees but only prunes them if tree officers decide pruning is needed. The most recent inspection found pruning is not needed. It is not fault for a council to follow the professional judgment of trees officers and the decision is consistent with the tree policy. We are neither tree officers, nor an appeal body, and cannot tell a council to prune a tree when that would be contrary to the professional judgement of officers.
The Council acted appropriately by inviting Ms X to make an insurance claim. We do not assess claims of damage as that is a matter for insurers or the courts.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council and because allegations of damage need to be determined by insurers or the courts.
Investigator's decision on behalf of the Ombudsman