The Ombudsman's final decision
Summary: We will not investigate Mrs B’s complaint about the Council not removing two large trees which block light to her home. This is because there is not enough evidence of fault to justify an investigation.
The complaint
Mrs B complains the Council has refused to remove or reduce in size two large trees next to her home. Mrs B says the trees block light and drop leaves and seedlings in her garden.
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 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 Mrs B and information on the Council’s website about the Council’s approach to tree maintenance.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council’s tree policy says the Council will only prune trees if it is essential or advisable and the Council will not carry out unnecessary pruning of trees. The Council will carry out pruning work if a tree is blocking daylight from entering the rooms of a property. But, the Council will not prune a tree due to nuisance from leaf fall and debris or because a tree is perceived as being too large.
Many local authorities take a similar approach to tree management due to the many benefits trees provide. This means councils generally do not remove or prune healthy trees unless there are very good reasons to do so.
It is not our role to tell the Council this approach is wrong or that it should take a different approach to tree management.
The Council undertook some work to these trees next to Mrs B’s property in 2023. The Council has recently inspected these trees again. The Council has offered to reduce the crown of these trees by 40%. The Council says any further reduction could be detrimental to the health of these trees.
I have not seen any information to indicate the Council was at fault for the way it responded to Mrs B’s concerns. The Council has visited Mrs B’s property to assess the impact of these trees and has offered to prune the trees in response to her concerns.
So, there is not enough evidence of fault to justify an investigation into Mrs B’s complaint.
Final decision
We will not investigate Mrs B’s complaint because there is not enough evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman