The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the Council’s decision to fell three trees. That is because there is not enough evidence of fault to justify our involvement.
The complaint
Mrs X complained the Council unlawfully attempted to fell three protected trees. She said the Council had failed to follow the correct consultation process before deciding to feel the trees, nor had it provided evidence to support the need for the felling. She said that following protests, the Council agreed to meet with community representatives but failed to do so.
Mrs X said the Council’s decision to fell the trees has had an adverse impact on the community. She wants the Council to reverse its decision to fell the trees and disclose its reasons for the decision to fell.
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)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, or any injustice is not significant enough to justify our involvement, or we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We will not investigate Mrs X’s complaint about the Council’s decision to fell the trees, or how it consulted on that decision.
Since, the consultation process, the Council has engaged with the community and Mrs X about the removal of the trees. Therefore, there is nothing to indicate that any alleged failings in the consultation process have caused Mrs X a significant injustice. The Council has considered and responded to Mrs X’s objections about its decision to remove the trees.
In its complaint response, the Council said its decision to fell the trees was based on advice of professional arboriculturists. It stated the trees had caused damage and that it was not possible to install a root barrier; it set out the reasons for this. The Council has taken the relevant expert advice before making its decision. There is not enough evidence of fault to justify our involvement.
Mrs X believes the Council has not been honest about its reasons for felling the trees. The Council has explained the trees have been subject to court proceedings and a confidentiality clause prevents it from disclosing full details about its decision to remove the trees. We cannot direct the Council to breach confidentiality restrictions imposed by the Court. Therefore, we cannot achieve the outcome Mrs X wants.
Final decision
We will not investigate Mrs X’s complaint because there is not enough evidence of fault to justify our involvement.
Investigator's decision on behalf of the Ombudsman