The Ombudsman's final decision
Summary: We will not investigate this complaint about the maintenance of trees on the boundary between Council land and the complainant’s own property. This is a private matter, and it would be reasonable from X to seek a remedy in the courts if the Council does not accept liability for damages or nuisance from its land.
The complaint
Mr X complained about the Council’s failure to maintain trees and bushes on land at the rear of his property. He says the removal of some trees has reduced security to his garden and overhanging trees cause problems with debris and bird mess.
The Ombudsman’s role and powers
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.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says the Council removed some trees and shrubs from land which lies between his back garden and a public highway. He says this reduced the security to his land and increased traffic noise. He also complained that trees on the boundary overhang his garden and bird mess from them makes his garden hazardous for his son who has disabilities.
He complained to the Council and it informed him that the land which was cleared of growth belongs to the highway authority which is the County Council and which was undertaking highway works. The removal of the fence was part of the works and the Council was not responsible for providing security for adjacent property.
The trees on his boundary are the Council’s responsibility and following his complaint its contractors inspected them and decide that one should be removed in due course because it was diseased. The Council told Mr X that it is not responsible for debris from overhanging branches, but it would seek to remove maintain the trees on a discretionary basis. It accepted that the area was unkempt but told him that it was not a priority following the COVID-19 pandemic which had placed other pressures on its maintenance programme.
The legislation from which the Ombudsman takes his powers also places some restrictions on what we may investigate. One of these concerns negligence claims about damage to property or personal injury. The Ombudsman cannot determine liability claims for negligence. These are legal claims which may only be determined by insurers or the courts. It is normal procedure for persons suffering damages or personal injury caused by a council or its contractors to submit an insurance claim against the Council.
In this case Mr X could submit a claim against the Council if he considers his garden is being affected by its trees. If the Council denies any liability, then it is reasonable for him to seek a remedy in the courts.
Final decision
We will not investigate this complaint about the maintenance of trees on the boundary between Council land and the complainant’s own property. This is a private matter, and it would be reasonable from X to seek a remedy in the courts if the Council does not accept liability for damages or nuisance from its land.
Investigator's decision on behalf of the Ombudsman