The Ombudsman's final decision
Summary: We will not investigate this complaint about a tree the Council felled and the behaviour of the contractor who did the work. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, Ms X, complains the Council’s contractors were rude after she queried why they were felling a tree. Ms X suggests their response may be based on racism.
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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Ms X and the Council. This includes the complaint correspondence and an update from the Council regarding the response from the contractor. I also considered our Assessment Code.
My assessment
Ms X noticed work being done to a tree. She queried the work with the crew and the Council. Ms X says the crew were rude and refused to explain why they were felling the tree or confirm they were acting on behalf of the Council. Ms X says they showed no interest or care and she was upset by their behaviour. Ms X suggests their treatment of her may be based on racism. Ms X is dissatisfied with the Council’s response and she disputes the tree needed to be felled.
The Council spoke to the crew who said Ms X was unhappy they were working on the tree. They reported they kept working while Ms X continued to express dissatisfaction. The crew reported to the Council that Ms X made derogatory comments.
In response to the complaint the Council said the tree had been inspected by an experienced tree officer and it confirmed the tree needed to be felled. The Council asked Ms X not to use derogatory language when referring to staff. The Council said there was no evidence anyone used an inappropriate tone when speaking to her.
I will not start an investigation because there is insufficient evidence of fault by the Council. Ms X does not agree the tree needed to be removed but it was inspected by a tree officer and it is not fault for the Council to follow the professional judgement of a tree officer.
The Council acted appropriately by discussing the complaint with the contractor. That said, it would have been better if the Council had shared more of its findings on this point with Ms X. I appreciate Ms X may disagree that she made derogatory comments and says the crew behaved poorly towards her; but, as there is no independent evidence, I cannot form a view about what happened. I have no reason to doubt what Ms X has reported but, equally, I have no reason to question the crew’s account. We make evidence based decisions and, in the absence of any independent evidence, I cannot say there is evidence of fault. For the same reason I cannot say there is evidence of racism although I appreciate that may be how Ms X experienced what occurred. As said above, the Council’s response could have been better but this does not amount to a degree of fault requiring an investigation.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman