The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s response when Mrs X reported that protected trees were being felled near her home. This is because it is unlikely we can add to what the Council has already said or achieve any meaningful outcome for Mrs X.
The complaint
Mrs X complains the Council did not respond soon enough to her reports of work being carried out to protected trees near to her home. The trees were felled which has caused Mrs X to lose a view from her property and this has caused her distress.
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 or continue an investigation if we decide further investigation would not lead to a different outcome, or we can achieve no meaningful outcome for the complainant (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
The Council has explained to Mrs X that the trees were felled due to an error by a private tree contractor who has since apologised and promised to plant replacement trees. As such, the Council is proposing to take no further action.
I recognise that Mrs X remains unhappy that the Council did not react sooner to her reports of the work on the trees. We will not investigate this however as it would not lead to a different outcome or provide any meaningful remedy for Mrs X.
Final decision
We will not investigate Mrs X’s complaint because it would not lead to a different outcome or provide any meaningful remedy for Mrs X.
Investigator's decision on behalf of the Ombudsman