The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council removing a significant number of trees behind Mrs B’s home. This is because there is not enough evidence of fault to justify an investigation.
The complaint
Mrs B complains the Council has removed a significant number of mature trees from the woodland behind her home. Mrs B says this has affected the view from her property and increased noise levels from the nearby busy road. Mrs B says the Council has not given proper consideration to the impact on her home.
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 Mrs B and information on the Council’s website about the works undertaken by the Council to this woodland. I have viewed the area online.
I considered the Ombudsman’s Assessment Code.
My assessment
There is not enough evidence of fault to justify an investigation into this complaint.
The Council has explained that it undertook works to this woodland for public safety reasons and for the continued health of the plantation. The Council says this woodland has been affected by several environmental stressors which means some trees have been weakened and pose a potential risk. The Council has also planted trees to replace those which have been removed.
These are decisions for the Council to make as the owner of this woodland.
I can understand how these works have affected the view from Mrs B’s home and noise levels from the main road. The information indicates the Council has taken Mrs B’s concerns seriously by visiting her property and providing a detailed response to her complaint.
But, in any case, the Council’s main responsibility is to manage this woodland so it is healthy and safe even if this means there is some impact on the amenity of nearby properties.
So, we will not investigate this complaint.
Final decision
We will not investigate Mrs B’s complaint because there is not enough evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman