The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to replace a highway tree which Mr X says is dying. There is insufficient evidence of fault which would warrant an investigation.
The complaint
Mr X complained about the Council’s decision not to remove a tree outside his home which he says is dead. He wants the tree to be removed.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says there is a mature tree outside his home which needs to be removed because it attracts rubbish and is dead. The Council assessed the tree when he asked for a vehicle crossing earlier in the year. The Council’s tree officer considered that the tree is not dead but that it requires additional supports to prevent it from being damaged.
Mr X challenged the officer’s view that the tree was still alive The Council has a policy of replacing dead or diseased trees in the highway during the planting season. However, it does not consider the tree outside Mr X’s home requires replacement.
The Ombudsman may not question the merits of decisions which have been made in a proper manner. This means we will not intervene in disagreements about the merits of decisions.
Final decision
We will not investigate this complaint about the Council’s decision not to replace a highway tree which Mr X says is dying. There is insufficient evidence of fault which would warrant an investigation.
Investigator's decision on behalf of the Ombudsman