The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s decision to plant a tree on the public footpath outside his home. There is insufficient evidence of fault to warrant an investigation by the Ombudsman. We will not investigate the Council’s complaint handling because the tests in our Assessment Code are not met.
The complaint
Mr X complained the Council planted a tree on the public highway outside his home. Mr X said the tree is positioned in front of where he would like to build a driveway in the future. Mr X also complained about the Council’s complaint handling.
Mr X said the matter caused him distress, frustration and uncertainty.
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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Position of the tree We will not investigate this complaint. Mr X’s complaint is that the Council planted a tree on the public highway as part of its tree planning programme without consideration of his future desire to apply for a dropped kerb and to transform his front garden/ yard into a driveway.
There is insufficient evidence of fault in the Council’s actions to warrant an investigation by the Ombudsman. The Council planted the tree as part of its regeneration programme. Mr X is not presently affected by the location of the tree as he does not have a driveway. Mr X’s claim that the placement of the tree will impede his ability to apply for a dropped kerb and build a driveway is speculative and not a material consideration for the Council at the time it planted the tree.
Consequently, we will not investigate this complaint.
Complaint handling It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue. Consequently, we will not investigate the Council’s complaint handling.
Final decision
We will not investigate part of Mr X’s complaint because there is insufficient evidence of fault. We will not investigate the remainder because the tests in our Assessment Code are not met.
Investigator's decision on behalf of the Ombudsman