The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council has failed to carry out work to a tree. This is because we could not achieve the outcome that the complainant seeks.
The complaint
Mr X complains that the Council has failed to carry out work to a tree that overhangs into his garden. Mr X wants that Council to cut the tree back.
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 we cannot achieve the outcome someone wants. (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
I will not investigate Mr X’s complaint. Whilst the land where the tree sits was previously the responsibility of the Council, this is now not the case. We therefore could not achiever the outcome that Mr X seeks because we could not recommend that the Council carry out work to a tree that it is no longer responsible for.
Final decision
We will not investigate Mr X’s complaint because we cannot achieve the outcome he seeks.
Investigator's decision on behalf of the Ombudsman