The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to plant a tree outside the complainant’s property. This is because there is no evidence of fault on the Council’s part.
The complaint
The complainant, who I will refer to as Ms B, complains that the Council has planted a tree in an inappropriate location and has refused her request to relocate it.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council has planted a street tree outside Ms B’s property. Ms B says residents were not consulted about the planting and the location of the tree is inappropriate. She as contacted the Council to ask that it be relocated. In support of her request, she set out her concerns about possible damage to the health of a tree in her garden, and the impact on the use of the pavement.
In response to Ms B’s concerns, the Council’s officer visited the site and spoke with her. He then wrote to set out why he did not regard her concerns as substantiated, and declined to remove the tree. The Council subsequently responded to Ms B’s formal complaint and confirmed its position. Ms B Believes the Council’s position is unreasonable and wants the tree relocated.
The Ombudsman will not investigate Ms B’s complaint because there is no evidence of fault on the Council’s part. Ms B does not agree with the Council’s actions but that does not mean they amount to fault.
We can take no view on the substantive issue of whether the tree’s location is appropriate. That is a matter for the professional judgement of the Council’s officers and there is no evidence of fault in the way that judgement was exercised. Without evidence of fault, the Ombudsman cannot criticise the decision the Council has made, or intervene to substitute an alternative view.
Final decision
We will not investigate Ms B’s complaint because there is no evidence of fault on the Council’s part.
Investigator's decision on behalf of the Ombudsman