The Ombudsman's final decision
Summary: We will not investigate Ms B’s complaint about the Council refusing to remove a tree which overhangs her property. This is because there is not enough evidence of fault to justify an investigation.
The complaint
The complainant, who I will refer to as Ms B, complains that the Council has refused to remove a tree which overhangs her property. Ms B says the tree blocks lights into her home, and debris from the tree prevents her enjoying her garden. Ms B would like the Council to remove the tree.
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 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 Ms B.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council says: All trees provide global and local benefits by absorbing carbon dioxide and filtering urban pollution. Trees also provide health, economic, and aesthetic benefits.
It does not remove or cut back trees for any purpose other than health and safety.
It has inspected the tree, which was in good health with no safety issues.
Ms B has a common law right to remove any vegetation overhanging her property.
There is not enough evidence of fault to justify an investigation of Ms B’s complaint. The Council has inspected the tree and has explained its decision not to remove it or cut it back. The Council took relevant factors into account. I have not seen any information to suggest the Council was at fault for the way it reached its decision. This means an investigation is not justified.
Final decision
We will not investigate Ms B’s complaint because there is not enough evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman