The Ombudsman's final decision
Summary: We will not investigate this complaint about maintenance of trees on land next to Ms X’s property. The Council says it is not responsible for maintaining the trees, as they are not on Council land. The court are better placed to resolve any dispute about who owns the land or who is responsible for maintaining the tree.
The complaint
Ms X complains the Council has refused to agree to regularly prune and maintain trees that overhang onto her property. She says the trees are a danger to her property, cause unacceptable leaf fall and block light into the garden. She wants the Council to agree to regularly maintain the trees.
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, 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 Ms X she can cut back any vegetation that encroaches her boundary line, subject to checks that the tree is not in a conservation area or under a tree protection order. It also told Ms X that the trees were not on Council land.
We will not investigate this complaint as we cannot achieve the outcome Ms X wants. It is not clear who owns the land on which the trees are located. Ms X says the Council own it and is therefore responsible for maintaining the trees, but the Council says its investigations determined that the trees are not on Council land and the land is owned privately.
We cannot resolve a dispute about who owns the land and who is responsible for maintaining the trees. It is open to Ms X to research who owns the land and if determined, contact the owner to discuss the matter. If there is any dispute about who own the land or who is responsible for maintaining the trees, this is a matter better considered by a court. Only the courts can determine who owns the land and is responsible for the trees maintenance.
Final decision
We will not investigate Ms X’s complaint because the courts are better placed to consider any dispute about who owns the land or is responsible for maintaining the trees. We could not achieve the outcome Ms X wants.
Investigator's decision on behalf of the Ombudsman