The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the Council’s decision to refuse or vary a Tree Preservation Order. This is because we have not found enough evidence of fault to investigate part of the complaint. And because Mrs X has exercised her appeal rights for the other part of her complaint.
The complaint
Mrs X complains about the Council’s refusal to vary or remove a Tree Preservation Order (TPO). She also complains that the Council refused to give her permission to carry out works on the trees.
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)) 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 cannot investigate a complaint if someone has appealed to a government minister. The Planning Inspector acts on behalf of a government minister. (Local Government Act 1974, section 26(6)(b), as amended)
How I considered this complaint
I considered information provided by Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X asked the Council to vary or remove a TPO covering several trees at her house. She feels that the trees were affecting her health and wellbeing.
The Council refused her application because it found that the TPO had been properly issued and that the trees still required protection. I have not seen enough evidence of fault to question the merits of the Council’s decision.
The Council also advised Mrs X on what she should do next. This included seeking professional advice from a tree surgeon. getting a report from a professionally qualified arborist and submitting a new review request with the report. There is not enough evidence of fault in either how the Council made its decision to refuse Mrs X’s application or in how it handled her case.
It is open to Mrs X to seek advice from a qualified professional and then make a new application if she wishes.
The Council also refused Mrs X’s application to carry out works on the trees. We cannot investigate this part of her complaint because she has already made an appeal to the Planning Inspectorate. Her appeal is generally about the same matters she has complained about to us.
Final decision
We will not investigate Mrs X’s complaint because there is not enough evidence of fault to investigate part of her complaint. Mrs X has exercised her appeal rights for the other part of her complaint.
Investigator's decision on behalf of the Ombudsman