The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to fell trees on its land. There is not enough evidence of fault to justify our involvement.
The complaint
Mr X complained about the Council’s decision to fell several trees on its land. He said the trees were protected by a Tree Preservation Order (TPO) and the decision to fell them had defaced the local area. He said he had been caused distress by the Council’s actions. He wants the Council to review its policies, so it focuses on tree preservation. He also wants it to plant new trees in the affected area.
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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council’s arboriculturist inspected the trees and determined that one was dying, whilst another posed a potential risk. They decided removal of the trees was necessary. As the trees were located outside the Council’s area, it notified the relevant council’s planning department about the work needed to the trees. That council was the responsible authority for the TPO. It approved the remedial works.
Although Mr X is unhappy with the Council’s actions, we will not investigate this complaint. The Council inspected the trees and followed the correct process of awaiting approval before their removal. There is not enough evidence of fault to justify our involvement.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify our involvement.
Investigator's decision on behalf of the Ombudsman