The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s response to the complainant’s concerns about a tree overhanging his 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 Mr B, complains that the Council has declined to take action in response to his concerns about a tree overhanging his 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
Mr B’s concerns relate to a highway tree adjacent to his property. He says the tree overhangs his roofline and is touching his television ariel. He is concerned that the ariel will be overgrown and that falling branches may damage his house. He wants the Council to prune the tree back to the roofline.
The evidence shows that the Council inspected the tree from the highway in January 2022. It says the findings of the inspection were that the tree was in good health and was not touching Mr B’s house or ariel. In the circumstances, work to the tree was not warranted.
Mr B disagrees with the Council’s findings and has provided photographic evidence he says contradicts them. He wants the Council to meet with him to view the tree from his property. The Council has declined.
The Ombudsman will not investigate Mr B’s complaint because there is no evidence of fault on the Council’s part. The Council’s published information says its officers will inspect overhanging trees and, if they are found to be touching a building, it will consider whether pruning is necessary. In this case, the Council has inspected and taken a view based on the inspection. It has also considered Mr B’s photographs.
The fact that officers have reached conclusions Mr B believes are wrong does not mean there is fault in the way they were reached. In the circumstances, it is not for the Ombudsman to question the professional view officers have taken or intervene to substitute an alternative view.
Final decision
We will not investigate Mr B’s complaint because there is no evidence of fault on the Council’s part.
Investigator's decision on behalf of the Ombudsman