The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to issue a tree preservation order in relation to a tree on his property. This is because he can challenge the order in the high court.
The complaint
Mr X complains about the Council’s decision to issue a tree preservation order (TPO) in relation to a tree on his property. He says the tree will eventually damage his property’s foundation if it is allowed to grow unchecked. Mr X wants the Council to rescind the TPO.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
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 says the Council should not have made the TPO because the tree does not meet its guidelines. A challenge to the validity of a TPO, including whether the Council followed the correct legal process, is a matter for the High Court. The Council told Mr X in June 2025 he could challenge the order. I consider it reasonable for Mr X to use this legal remedy because the court can decide whether the TPO is valid and provide the outcome he seeks.
Final decision
We will not investigate Mr X’s complaint because he can challenge the order in the High Court.
Investigator's decision on behalf of the Ombudsman