The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the Council pruning trees on the grass verge outside her property. There is insufficient evidence of fault to warrant an investigation.
The complaint
Mrs X complains two council owned trees on the highway outside her property needed pruning and have caused damage to her roof.
Mrs X further complains she does not feel the Council are taking her complaint seriously.
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
In late October 2021, Mrs X complained to the Council that branches from two trees on the grass verge outside the boundary to her home had caused damage to her roof and needed pruning.
The Council undertook pruning work on the trees concerned in early December 2021.
Following this, Mrs X maintains the trees have not been sufficiently pruned. The Council maintain they have been pruned to an acceptable standard and no further works will be scheduled. A difference of opinion is not evidence of fault.
Mrs X has submitted a separate claim to the Council regarding alleged damage to her roof from the trees.
Final decision
We will not investigate Mrs X’s complaint because there is insufficient evidence of fault in the actions the Council has taken to warrant an investigation.
Investigator's decision on behalf of the Ombudsman