The Ombudsman's final decision
Summary: We will not investigate Mrs B’s complaint about the Council’s refusal to complete works to a tree overhanging her garden because there is not enough evidence of fault. Even if we found fault, investigation would not lead to a different outcome because the Council is due to reinspect the tree very shortly.
The complaint
Mrs B says the Council has refused to maintain a tree which overhangs their property. Mrs B says the tree touches their roof, has dropped large branches into their garden, and they are concerned for their safety.
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) 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, or 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.
I considered the Ombudsman’s Assessment Code.
I considered the Council’s Highway Network Management Plan.
My assessment
In May 2021 the Council inspected a tree on the public highway which overhangs Mrs B’s garden. The Council decided to prune the tree over the public footway within 12 months. The Council completed this work in March 2022.
Mrs B thought the Council would also prune the tree over her garden. The Council explains it would only do so if it considered there is a foreseeable risk to safety or structures. The Council did not assess that was the case.
The Council’s Highway Network Management Plan says it will not routinely respond to requests for tree works for private benefit including overhanging branches.
The Council has reached its decision by carrying out an inspection of the tree. It is therefore unlikely the Ombudsman would find fault with the decision, even though Mrs B disagrees with it.
The Council is due to reinspect the tree shortly; inspection is due 18 months after the May 2021 inspection.
Final decision
We will not investigate Mrs B’s complaint because there is not enough evidence of fault to justify investigating. Even if we were to investigate and find fault the likely remedy would be a reinspection, which is due to take place shortly anyway, so investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman