The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s response to the complainant’s concerns about a tree. This is because there is no evidence of fault on the Council’s part.
The complaint
The complainant, who I will refer to as Mrs B, complains that the Council has been at fault in its response to her concerns about a tree close to her boundary
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.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs B’s complaint concerns a Council-owned tree close to her boundary. She says the tree significantly overhangs the boundary and drops potentially toxic berries. She is also concerned that the tree may damage her property in future.
Mrs B has told the Council of her intention to prune the branches which overhang the boundary and asked whether it wished to be present during the works. While confirming Mrs B’s common law right to prune that part of the tree on her side of the boundary, the Council has withheld agreement for the works and warned of potential liability for its effects.
Mrs B believes the Council’s position is unreasonable. She wants the Council to reassure her that she can legally carry out the work and that she will not be liable for any future issues.
The Ombudsman will not investigate this complaint because there is no evidence of fault on the Council’s part. It is not for us to take a view on whether the Council should approve the works. The discretionary decision the Council has made appears consistent with its duties and relevant policies, and there is no indication of fault in the way it was made. That being the case, the Ombudsman cannot criticise it or intervene to substitute an alternative view.
Final decision
We will not investigate Mrs B’s complaint because there is no evidence of fault on the Council’s part.
Investigator's decision on behalf of the Ombudsman