The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to take action to address a partially detached large tree branch in Mr X’s neighbour’s garden. This is because there is no evidence to suggest fault by the Council.
The complaint
The complainant, who I call Mr X, complains the Council has declined to take action under the Local Government (Miscellaneous Provisions) Act 1976 and issue his neighbour with a notice requiring the removal of a partially detached large tree branch which he fears may fall into his garden even though the branch does not overhang his garden.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call “fault”. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended) 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 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 Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X asked the Council to take action to address a partially detached tree branch which hangs in his neighbour’s garden because the neighbour has taken no action.
The Council explained to Mr X that its powers under the Miscellaneous Provisions Act are discretionary and that having considered the matter, it decided it would not be taking any action because it did not consider the branch posed a danger sufficient to justify exercising its powers under the Act.
It told Mr X that if the branch overhangs his garden, he can prune the tree back without the consent of his neighbour, come to a mutual agreement with the neighbour or take his own legal action against the neighbour.
Mr X says the tree does not overhang his garden and the Council had been wrong to say it does. However, the Council explained its position and why it will not be taking action and while this is disappointing for Mr X, it is not evidence of fault.
We do not act as a point of appeal. We cannot question decisions made by councils if they have followed the right steps and considered the relevant evidence and information. The Council considered the case and made its decision and there is no evidence to suggest fault affected it.
Final decision
We will not investigate Mr X’s complaint because there is no evidence to suggest fault by the Council.
Investigator's decision on behalf of the Ombudsman