The Ombudsman's final decision
Summary: We will not investigate this complaint about a dispute relating to the ownership of a tree. This is because only a court can decide the matter complained about.
The complaint
Mr B complains the Council was at fault for deciding that an overgrown tree which he has complained about is not located on Council land and is therefore not the Council’s responsibility to maintain. Mr B says the Council has wrongly decided another organisation is responsible for this tree, but this organisation says the tree is the Council's responsibility. Mr B says this protected tree continues to be neglected and he is concerned it is being used for anti-social behaviour and littering in the area.
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 another body better placed to consider this complaint.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr B and have viewed this location online.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council has told Mr B its final decision on this matter and has explained why it has decided it does not own the land where this tree is located. It is not our role to decide land ownership disputes which can be complex legal matters involving the interpretation of historical records. The courts are in the best position to decide such disputes and only a court can make a binding judgement.
Also, Mr B’s concerns are ultimately about anti-social behaviour in the local area rather than being directly and personally affected by the condition of the tree.
The Council has set out how it is trying to tackle anti social behaviour in this area and Mr B may report incidents to the Council to investigate.
So, we will not investigate this complaint.
Final decision
We will not investigate this complaint because only a court can decide the issue complained about.
Investigator's decision on behalf of the Ombudsman