The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s refusal to remove trees near his property. There is insufficient evidence of fault to warrant an investigation.
The complaint
Mr X complains the Council has refused to remove or appropriately maintain trees near his property. He says the trees create an unacceptable amount of leaf fall onto his property which requires increased maintenance. He wants the Council to remove the trees and replace them with more suitable varieties for the location.
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 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 continue an investigation if we decide there is not enough evidence of fault to justify investigating.
We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, 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’s policy sets out how it manages trees it is responsible for in its area. The policy says it will not carry out work solely to alleviate problems such as leaves, blossom and other debris falling into gutters, drains or onto roofs.
Mr X complained that trees near his property cause an unacceptable amount of leaf fall which requires increased maintenance to keep his gutters and ventilation ducts clear. In its complaint response, the Council said it would not prune or fell the trees as they were not hazardous and were in good health. It said Mr X was responsible for any maintenance required on his property.
We will not investigate this complaint. Although I accept Mr X disagrees with the Council’s decision, the decision appears to be in line with its policy. We cannot question a decision taken without fault. In this case, there is insufficient evidence of fault to justify an investigation.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman