The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s response to the complainant’s concerns about trees close to her property. This is because there is no evidence of fault on the Council’s part.
The complaint
The complainant, who I will refer to as Miss C, complains that the Council has failed to take action in response to nuisance and damage caused by trees close to her property.
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.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss C says trees close to the end of her garden cause nuisance. She says they are too tall and block sunlight, providing conditions for mosquitos to breed. She is also concerned about the danger from falling branches. In addition, she says the proximity of the trees causes damage to her fence. She wants the Council to remove the trees.
Miss C says she has brought the matter to the Council’s attention on several occasions. The evidence shows that her complaint completed the Council’s corporate complaint procedure in May 2021. The Council’s final response indicates that its officers have inspected the trees and some works had been carried out. It expressed the view of its tree officers that no further works were merited.
The Ombudsman will not investigate Miss C’s complaint. Miss C and the Council differ on whether the trees should be removed. But it is not for us to express a view on this. The question for the Ombudsman is whether there is evidence of fault in the way the Council reached its decision on the extent of the works required. This is a matter for the professional judgement of the officers concerned. Without evidence of fault in the way the decision was made, the Ombudsman cannot criticise its merits, or intervene to substitute an alternative view.
We cannot comment on whether the Council is liable for damage to Miss C’s fence. Liability for damage is a matter for the insurers and, ultimately, for the courts. The Ombudsman will not intervene.
Final decision
We will not investigate Miss C’s complaint because there is no evidence of fault on the Council’s part.
Investigator's decision on behalf of the Ombudsman