The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s response to the complainant’s request to carry out work on a tree. This is because there is no evidence of fault on the Council’s part.
The complaint
The complainant, who I will refer to as Mr C, complains that the Council has failed to respond reasonably to his request to carry out work on a tree.
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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), 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 C has concerns about a tree adjacent to the boundary of his property. He says the tree is too large and blocks light to his property. He is also concerned about falling branches.
Mr C reported his concerns to the Council. In response, the Council set out the work it believes is appropriate to carry out and the timescale for doing so. Mr C was not satisfied with the response, so he contacted the Council again. He complains that the Council’s further response came from the same officer.
The Ombudsman will not investigate this complaint because there is no indication of fault on the Council’s part. The Council’s responses set out the action it is prepared to take. On the face of it, this complies with the relevant tree policy. The fact that the same officer signed both responses is not significant.
It is for the Council’s officer to use his professional judgement in applying the relevant policy. There is no indication of fault in the way he did so. Without evidence of fault, it is not for us to question the officer’s decision, or to intervene to substitute an alternative view.
Final decision
We will not investigate Mr C’s complaint because there is no evidence of fault on the Council’s part.
Investigator's decision on behalf of the Ombudsman