The Ombudsman's final decision
Summary: We will not investigate this complaint about maintenance of a tree next to Mr X’s property. The Council is not responsible for maintaining the tree as it is not on Council land. The courts are better placed to resolve any dispute about who own the land or who is responsible for maintaining the tree.
The complaint
Mr X complains the Council has refused to cut down or appropriately maintain a tree on land next to his house. He says the tree branches encroach onto his property and the proximity and size of the tree is invalidating his house insurance. He wants the Council to cut down or maintain the tree.
The Ombudsman’s role and powers
We cannot investigate complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) as amended).
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: we cannot achieve the outcome someone wants, or there is another body better placed to consider this complaint.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
In its complaint response, the Council told Mr X he can cut back any vegetation that encroaches his boundary line, subject to checks that the tree is not in a conservation area or under a tree protection order. It has since told Mr X it does not own the land on which the tree is located and so it not responsible for maintenance of the tree.
We will not investigate this complaint. It is not clear who own the land on which the tree is located. Mr X says he does not own it and the Council has provided evidence to show Mr X that it does not own it.
Given the Council does not own the land, we could not require the Council to maintain or cut down the tree.
Any dispute about maintenance of the tree is a therefore private matter between Mr X and the landowner. It is open to Mr X to research who owns the land and if there is any dispute about this or who is responsible for maintaining the tree, this is a matter better considered by a court.
Final decision
We will not investigate Mr X’s complaint because the Council is not responsible for the actions complained about and the courts are better placed to consider any dispute about who owns the land or is responsible for maintaining the tree.
Investigator's decision on behalf of the Ombudsman