The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to prune or remove trees close to the complainant’s home. This is because there is not enough evidence of fault.
The complaint
The complainant, whom I shall refer to as Mr X, complained about the Council’s decision not to prune or remove trees close to his home. Mr X says leaf fall and bird droppings from the trees are damaging his car. Mr X says falling branches from the tree also pose a risk.
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)) If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by the complainant and I considered the Ombudsman’s Assessment Code.
My assessment
In response to Mr X’s complaint the Council said it had visited the site and did not recommend any works to the trees. It said the trees are on County Council land. While the Borough Council carries out some work, removal or reduction of the trees was not something required. If Mr X wanted to make a claim for damages, he should contact the County Council.
While I understand Mr X’s frustrations, we will not start an investigation into his complaint. The Council has assessed the site and decided work is not necessary. That is a decision for the Council. It is also consistent with information on its website which says it will not prune or remove trees to prevent nesting / perching birds or tree sap falling on cars. There is not enough evidence of fault by the Council and so we have no powers to intervene.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault.
Investigator's decision on behalf of the Ombudsman