The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with a request to maintain a tree. This is because there is insufficient evidence of fault with how the Council dealt with the matter.
The complaint
The complainant, who I will call Mr X, complains about how the Council dealt with his request to maintain a tree which blocks light and causes leaves and bird droppings to fall on his and his parents cars.
The Ombudsman’s role and powers
The Ombudsman investigates 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 or may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
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 asked the Council to cut back a tree outside his parents home. He says the tree blocks out light, causes leaves to fall onto the pavement and cars and attracts birds which results in droppings falling onto his and his parents cars. Mr X says the trees should be pruned every year.
The Council has told Mr X that it has a policy to carry out inspections of trees every two years and to carry out works every four years. The Council said it last carried out work in 2020 and therefore its next inspection is due this year. The Council said it does not carry out work to trees for falling debris from trees, bird fouling or blocking light.
I will not investigate Mr X’s complaint. This is because there is no evidence of fault in how the Council has dealt with Mr X’s request. It has explained its frequency of works and inspection of trees and why it does not consider it necessary to intervene. In responding to Mr X the Council has correctly considered its tree policy and therefore there is no evidence of fault. I the absence of fault the Ombudsman cannot criticise the decision or intervene to substitute an alternative view.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault.
Investigator's decision on behalf of the Ombudsman