The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to carry out work to maintain a tree. This is because there is not enough evidence of fault to justify our involvement.
The complaint
Mr X complained the Council did not address his concerns about a tree it maintains. He said a path he is responsible for is damaged and it cannot be repaired without the Council completing work to maintain the tree. He said it has caused him huge concern and wants the Council to resolve the issue with the tree or reimburse costs.
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 or continue 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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X submitted a service request to the Council to complete work to maintain a tree that damaged a path he is responsible for.
The Council said the area Mr X referred to was not its responsibility and therefore it would not complete the requested work. Mr X was unhappy with the Council’s response and escalated his request to a complaint.
We will not investigate this complaint. In its response the Council said it does not own or maintain the land Mr X referred to. The Council provided images showing public maintainable highway which demonstrated what it is responsible for. It provided Mr X with information on how to submit a request to the Land Registry to identify the owner. There is not enough evidence of fault to justify the Ombudsman’s involvement.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify our involvement.
Investigator's decision on behalf of the Ombudsman