The Ombudsman's final decision
Summary: We will not investigate the Council’s response to Miss X’s complaint about trees overhanging the complainant’s property. This is because there is not enough evidence of fault with the Council’s response.
The complaint
Miss X complains the Council failed to take any action when she complained about dangerous trees that overhang her property.
Miss X says she is concerned about the possibility of the trees falling on to her property, in addition to having to clear up fallen leaves. She wants the trees cut 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) 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, 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 which includes the Council’s response.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council is not responsible for the trees which are sited on private land behind Miss X’s property. The Council considered whether the trees represented a hazard to Miss X.
The Council’s complaints response finds that the trees complained about are not a hazard. It says, therefore, it has no reasons to act against the owners of the land where the trees are sited.
We will not investigate. This is because we are unlikely to find fault with the Council’s response and we cannot achieve the outcome sought which is to compel the Council to act.
As the trees are not on Council land/owned by the Council, Miss X could seek legal advice to take her own private action against the tree owners to protect her interests.
Final decision
We will not investigate Miss X’s complaint because there is not enough evidence of fault plus we cannot achieve the outcome sought.
Investigator's decision on behalf of the Ombudsman