The Ombudsman's final decision
Summary: We will not investigate Mr B’s complaint about the Council not taking action about a tree which overhangs his property. This is because there is not enough evidence of fault to justify an investigation.
The complaint
Mr B complains that a tree on public land overhangs his property and is a nuisance, but the Council has not taken any action.
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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
There is not enough evidence of fault to justify an investigation into this complaint.
Mr B and the Council agree that this tree is on land managed by a different public body. This means the Council is not responsible for maintaining this tree. And, I have not seen any information to indicate the Council was at fault for telling Mr B it does not have any enforcement powers to ask this public body to prune this tree.
So, we will not investigate this complaint.
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