The Ombudsman's final decision
Summary: We will not investigate Mr B’s complaint that the Council has not taken action about an overhanging tree which affects his property. This is because the information does not suggest the Council was at fault.
The complaint
Mr B complains the Council has not taken action about an overhanging tree on private land next to his home. Mr B says the tree, which is the subject of a Tree Preservation Order, has damaged his property and is a health and safety risk.
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 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 Mr B.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council has responded to Mr B’s concerns by explaining that because the tree is on private land this is a civil matter between him and the owner of the tree. The Council has said it will consider an application to undertake work to this protected tree but it has not received an application yet. The Council has also provided some advice to Mr B.
I have not seen any information to suggest the Council’s assessment of this situation was affected by fault. So, an investigation is not justified.
Final decision
We will not investigate Mr B’s complaint because there is not enough evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman