The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council refusing to take action to deal with overhanging tree branches. There is not enough evidence of fault in the Council’s decision-making process to warrant us investigating.
The complaint
Mrs X complained that trees owned by the council were overhanging into her garden. She was worried about the danger this caused her family. She was also unhappy that the Council had told her she could privately arrange to have the overhanging part of the trees cut back but she would have to pay. She wants the council to cut the trees back.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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 Mrs X I considered the Ombudsman’s Assessment Code.
My assessment
We are 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 has followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, even if someone disagrees with it.
In response to Mrs X’s concerns, the Council inspected the trees and carried out a risk assessment in line with its policy. The assessment included consideration for the risk of harm to people and property. It gave a detailed explanation of why the Council would only partially prune the trees but agreed to reassess once the work was carried out.
We recognise Mrs X disagrees with the Council’s decision. But it is not fault for a council to properly make a decision with which someone disagrees. The evidence shows the Council properly considered the risks posed by the overhanging branches and the Council’s decision not to cut the trees back is a matter of professional judgement. I have seen no evidence of fault in the way the decision was reached, so we cannot question it.
Final decision
We will not investigate Mrs X’s complaint because there is not enough evidence of fault in the Council’s decision-making process regarding the tree works.
Investigator's decision on behalf of the Ombudsman