The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to cut back a tree as there is insufficient evidence of fault by the Council.
The complaint
Mr X complains the Council will not cut back a tree near to his home which Mr X feels poses a danger, blocks his light and sheds detritus on to his property.
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 there is not enough evidence of fault to justify investigating (Local Government Act 1974, section 24A(6)) 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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council has explained to Mr X why, under its tree management policy, it does not consider the tree needs to be cut back. While I recognise Mr X is disappointed by this and disagrees with the Council’s decision, we are unable to criticise the decision in the absence of fault in how it was made. I have not seen evidence of such fault and so we will not investigate.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman