The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council failed to remove a dangerous tree. This is because further investigation would not lead to a different outcome.
The complaint
The complainant, who I will call Mr X, complains that the Council failed to remove a dangerous tree outside his home, which placed he and other residents and their properties at risk.
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. This is because further investigation would not lead to a different outcome. The tree has now been removed by the management agent responsible for Mr X’s estate. In its response to Mr X’s complaint, the Council accepted that it did not have an adequate policy in place to identify and deal with dangerous trees, but that it is currently reviewing the relevant policy. This is a reasonable and proportionate response to the issues raised in Mr X’s complaint and therefore there is little more the Ombudsman could achieve.
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