The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about an overgrown tree on the toad opposite blocking the streetlight. This is because it does not meet the tests on how we decide which complaints to investigate. There is no indication of fault in the Council’s decision that it will not be removed.
The complaint
Mrs X complains about a overgrown tree on the opposite side of the road that is blocking the streetlight. She says she has been paying for the tree to be pruned back for the last 18 years and would like the Council to cut it back.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We provide a free service but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended).
The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether you disagree with the decision the organisation made.
We consider whether there was fault in the way an organisation made its decision. 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 the information provided by the complainant. I also considered the Ombudsman’s Assessment Code.
My assessment
The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether you disagree with the decision the organisation made.
The Council has told Mrs X that it has inspected the tree in question two times and found it does not need any action taken in line with its policy. It says it has commissioned a specialist report on the health of the tree and will feed this back when the report is completed.
The Council also advised Mrs X that she can make an insurance claim if she considers the tree is damaging her property.
As the Council’s decision has been taken after a tree inspection and consideration of its policy, we will not investigate. This is because we are unlikely to find indication of fault.
Final decision
We will not investigate Mrs X’s complaint because we are unlikely to find fault.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman